The Indianapolis journal., 1895-08-22
CURED in by the Hon. Caleb s. Denny.
Mayor, and ]. f. Scott. Esq, city attor-


NJ UNDERHAND DEALING.
Atlantis. as members of the Board oi
Public Works, have never contemplated
expected or intended, nor do they now con-
template or intend TO take any action
looking to the making of contract be-
tween said Citizens Street-railroad Com
pany and the city. except as ii shall be
presented 10 the Board of Public Works
in the ordinary way, TO be considered by
IL and final action taken after such con-
sideration. and If any such contract should
same would then, in due course, pursuant
to the provisions OF the charter, be pre-
sented to the Council for its consideration
ana action, and afterwards to the Mayor
for his approval. And atlantis further say
tnat there has at no time been presented
NAL contract or proposed contract between
the city and the Citizens Street-railroad
company. nor have any two members of
said board agreed between themselves or
with anyone else as TO the provisions
which should be incorporated into any such
contract to be presented to said board.
and which said board or any two members
thereof would thereupon approve.
And affiants further say that at the
time OF the filing OF this suit they were
of said Board ' of Public I aS Works nbout 70
release said City Railway Company from
It's said contract and agreement with said
city, and to suffer and permit said rail-
way company to abandon its contract, nor
were affiants at the time OF the filing of
this complaint, or at any other time, or
now. about to release said City Railway
Company from any and all liability upon
its said bond, nor have they any present
intention or expectation of doing either of
the foregoing as such members OF said
board, but do reserve to themselves as
such members of said board the right to
exercise their judgment and discretion as
tions between the city and the Citizens
Street-railroad Company and the CITY
Railway Company whenever they snail in
the future be presented to them for official
consideration.
'Affiants further say that their CODE
fendant, Winfred B. Holton. at the time
the city. and is still absent, and does not
expect to return until on or about Aug.
26 1895, but If he were present atlantis be-
lieve he would have joined in the making
therein contained within his knowledge.
"Affiants further say that they have not
tend. as members of the Board of Public
Works, either to enter into a contract with
the Citizens Street-railroad Company or
bond of the City Railway Company. where
by the citizens and taxpayers Of said city
OF indianapolis will suffer great and ir-
retrfevable loss and detriment, or any loss
or detriment whatever; but that ii is their
intention that il. as members of the Board
of Public Works, they participate in the
making of any such new contract. or in
the making of such release of such contract
and bond, that it shall be in such way and
under such provisions, terms and condi-
citizens and taxpayers of said city.
And atlantis further state they are ad-
vised by counsel that they have no power
or in conjunction with their codefendant
Caleb s. Denny, Mayor, to enter into a
binding contract. with the. said Citizens
forth in the complaint, nor have they pow
er as such board. acting alone or concur
rently with their said codefendant. to re-
tract with the City Railway Company or
the bond given Hereunder, and that nei-
ther one nor the other can be done by
without the concurrent action on the part
of the Common Council of said city,
which is not party defendant to this &C
MAYOR DENNY's AFFIDAVIT.
Mayor Denny made the following afi-
davit:
Caleb s. Denny, of said county and
State being duly sworn, says: That he is
one OF the defendants in the above-entitled
dianapolis that he has read the complaint
In said cause; that he has also heard read
the foregoing affidavits of e1is codefend-
ants, Edwin l.. Atkinson and John Oster-
man; that the facts set forth in the affi-
davits of said Atkinson and Osterman, so
far as they are within his personal knowl-
edge, are true and as to all matters set
forth in said affidavit not within his per-
sonal knowledge he believes them to be
true.
'That all the material averments of said
complaint other than those which relate
between 's na the the cl, city eft, Of Ipdlsnapo.
ana the bond by said company to said city
are untrue, that SO far as affiant knows
and believes the Board of Public Works
contract with the Citizens Street-rail-
road Company, as set forth In the COM
plant and there was, therefore, at the
time of the bringing OF this suit, and is
not now. contract or proposed contract
which this defendant could or would ap-
prove whenever the same should be pre-
Sented to him, as set forth in the COM
plant
"Afiant further says that he has no
knowledge Of any negotiations between the
city of any of its officers or departments
and the Citizens Street-railroad Company
for a contract relating to street-car SER
vice, or franchise or rights land privi-
leges to be granted to said company, ex-
cept those which have resulted from the
recommendation of the Hon. John NJ. But
Ter, special counsel for the city in pending
street-railway litigation. That as to suca
negotiations. or the results thereof, so far
as is known to af1ant, 1t was not intended
and is not now intended by any officer or
take other than the usual course of such
business. That. so far as affiant knows or
believes. bell, It was the intent, and is now. If
soon as they are presented by said COM
pany in a definite and tangible form for
official consideration and action. that they
shall be presented to the Board of Pub
lie Works Of said city, to be considered
by it, and for it's action thereafter, and
then to be submitted to the Common Coun-
ell for its consideration and action, and
If these two departments shall concur in
the making of contract it should then
be submitted TO affiant as Mayor of the
city, for his approval or disapproval
"Affiant further says that he does not
know OF any proposed contract with
said Citizens Street-railroad Company the
provisions and terms of which have been
concurred in OF agreed to by any two
departments Of said city, or by any two
members OF any department. or depart
ments Of said CITY, and that affiant has not
agreed or concurrei with any other officer
or department or member thereof. or with
said Citizens Street-railroad Company or
any OF its officers, as to provisions, terms
and conditions Of any such proposed con-
tract.
THAT he is not about to approve any con-
tract between said city of Indianapolis
and the Citizens Street-railroad Company
nor has he at any time had the intention
nor has he now. of approving any such
contract when presented of character
set forth in the complaint, nor of any
character which would cause the citizens
and taxpayers to suffer great and ire
trievable loss and detriment or any loss
N ha