The daily morning journal and courier., 1897-05-29
AS WITNESS AND ASCOUNSEL
Continued from First Page.)
the corporation counsel.


 Mir Goodhart-"Why did you go to the mayor about this advertising?"
 MT. Lyon-"Because I thought he was the proper one to ask, as he had to ap- prove of it"
 MT. Goodhart-"Do you know when the corporation counsel gave his opin- ion?"
 MT. Lyon-"It was dated April 19.
 MT. Goodhart-"Did you have any conversation with anyone concerning this advertising except the mayor and MT. Ryder?"
 MT. Lyon--"I think City Auditor Brown, who said the journal printing was making big hole in the appropri- tion and If these assessments were ad vertised it would make big hole in the city advertising appropriation" | Mir Goodhart-"Whatd did you say to the mayor concerning this advertise ment?"
 MT. Lyon-"I think I said it was a large one"
 MT Goodhart-"When was the cor poration counsel's opinion received?" | MT. Lyon-'I think on the 2Oth. called at the mayors office and asked | if he had heard from the corporation counsel. He picked up the mail and replied: Here is one.' He read the let ter and said, That settles it. I then called his attention to another ordi- nance which required the publication of the assessments within two days af- ter their approval I suggested that he withhold his approval until I found out when the printing was completed"
 Mr. Lyon-'I then went to Mir Ryder and asked him if the advertisement could be shortened. We went over it and contracted it along the lines sug- gested by me-"
 MT. Goodhart-"Did you inquire If MT. Ryder if any different rates could be made?"
 Mir Lyon-"I did not, as the newspa- pers have consistently refused to TO- duce the rates. The law requires the publication and the papers fix the rate"
 MT. Goodhart-"What did you say to MT. Ryder about the advertisement l MT. Lyon--'T called his attention to the fact that the ordinance required these assessments to be printed with. in two days after their approval and asked him to let me know when he had nearly completed the work and I would have the mayor approve the order"
 MT Goodhart-"Had you any conver- sation after that with MT. Ryder about the advertisement?"
 MT. Lyon-'I heard from him.
 Mir. Goodhart-"When?"
 MT. Lyon-"T think on April 26''
 A &;oy, did you have any conversation with anyone?"
 Mir. Lyon-"With several"
 MT. Goodhart-"Will you name one?"
 MT. Lyon-"The manager of the Pal ladium He came to my house in the evening after supper. He asked If the other papers could have this ad vertisement I told him that they could not. as they were published according to and under the law. His reply I can- not recall. but it was such as to make me reply: Then you accuse me of fraud! He objected to the word fraud but did not detract what he had said '
 Mir Lyon was not sure, but he thought the gentleman's name was MT Dennis
 City Auditor Benjamin F. Brown was called and testified to the amount o1 the appropriation for the city advertis. ing for the year 1897. It was $4,250 He then offered list of appropriations and expenditures for the past ten years ir answer to a question from MT. Good. hart whether or not it was a fact that there had been expenditures eXceedins appropriations. The only conversatio that the city auditor had with any city official or other person concerning the advertisements before their publication was with the city clerk Major Browr did not recall the date nor the words used.
 Subsequent to their publication Ma jor Brown had talked with Mir Dennis business manager of the Palladium The latter called upon him on the even. ing of the day of the publication. ant inquired if the other papers were tC have the street sprinkling assessment lad" that appeared in the Leader. Ma. jor Brown referred him to City Clerl Lyon.
 H. c. NoIl. street sprinkling inspec tor. corroborated the testimony of MT Street to the effect that the former ob tained the assessment list on the nigh of April ,, after the meeting of tn, boards of aldermen and councilmen, il