Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1895-05-15
THOSE LEGAL TROUBLES.
What the Mayor SAYS Regarding the
City's Litigation and the Engage
ment of Counsel ON the Gases.

ment of Counsel on the Gases.
Considerable interest has been man
! ifested the past week rs to the explain
alton of the common councils action
st it's last meeting relating to matters
/ in the Office Of the city attorney. With
a view to acquainting our readers with
the facts in the case, a reporter of The
REPUBLICAN sought an interview with
Mayor Moak,,and cleaned the following,
which should set at rest much idle
gossip,
''There are some complications about
the city's legal affairs, are there not?"
was asked the mayor.
II presume" be replied, "that you
refer to the retention of Mr.. Pease by
the council in the Metcalf and Cole will
cases, about which their seems to be
great misunderstanding. Much of the
talk is simple nonsense. City Attor-
ney Conway has been grossly misrepre-
sented and it is due to him and all con-
cerned that the facts should be known" !"
"What have you reference TOP"
"Well, one outrageous lie which has
been told was that he absolutely de-
,clined to have anything to do with the
cases [ have mentioned"
t'Then why didn't he take charge
! of them and why was Mr.. Pease re-
tained?''
1t is nc fault Of Mr.. Conway that the
cases are not now in his hands, as you
will readily see. Mr.. Pease's term as
city attorney did not expire until May
| 1,whenMr. Conway term commenced. /.
! Previous to that time Mr.. Conway was
! in no position to assume or claim any
thing in connection with the duties of
/ hat office Mr.. Pease was under no
obligations, except as matter of cour-
tesy, to treat with Mr.. Conway at all.
Everyone supposed, however, that at
turn over all unfinished business to
| Mr.. Conway as matter of course.
| Two or three days previous to the lst of
! May I learned Mr.. Pease expected to
continue in the city's employ, at least
in the Metcalf case, under some
agreement he had with the former
| council. He SO informed Mr. Conway
and further stated to him that the
| Metcalf case was on the calendar for
| the term of court to commence May 6
and that be (Pease) was going to Chi
cago on that day to look after it. lost
no time In calling a special session of
the council for April so and placed the
facts before them, urging the import
ance of prompt action, as the 9th of
May was close at hand. A committee
was appointed to confer with Messrs
Pease and Conway, but took no action
until May 4, while, as already stated,
the court was to convene the following
Monday, the 9Th. Now what could Mr.
Conway do under the circumstances?
There was neither time for preparing
a brief nor having one printed between
the 1st and 9th of May, particularly
as he had no access to any of the
papers or other information in the
case. 1t transpires now that the
! Metcalf case will not be argued until
/ the 23d inst, but even then the time
would have been short for Mr.. Con-
way to make the necessary prepara-
ton; however, he was willing. to make
| the attempt"
"You say Mr.. Conway was not averse
to taking the case?"
THAT is the fact. He was present
at the special meeting of the council
spoken of, and stated then, as he had
repeatedly said to ne, that he would
follow any instructions the council gave
| him; that he was subject to the coun-
cli's orders and ready for any work as
signed him. If he was directed to pro-
| ceed with the case be would do all he
could under the adverse circumstances.
But the report of the committee, sus-
tanned by the council, was to the effect
that Mr.. Conway could not be expect
ed to do justice to the case With the
brief time left him to prepare for one
of that magnitude; and so it was that
the council decided to retain Mr..
Pease."
"What was Mr.. Conway's position
as to the Cole will case?"
"As every one knows he was re-
tanned some time ago by the executors
in that case, but he announced his in
tention to withdraw from it and has
since done SO. While pointing out 5he
EN- mbarrassment in now appearing for
the city be said he would do so if the
court would permit him to, and the
council so desired"
Twill this feature ofthe legal depart
ment prove very expensive to the
city?'
1T should not involve much ex-
pense. The work in these cases has all
} been done, and was prior to MAY |, and
Mr.. Pease may have to spend one day
in court in the argument in each case
He agrees that his charge shall be en-
tirely satisfactory to the council"
''Do you think people generally will