The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-28
TIE OMAHA wATgR COMPANY.
OMAHA, NEB.

never could win this oass this side OF the
Syprems Court. The same mail brought
In the enclosed letter from Underwood.
I do rot know how We can get thsir
bonds outside our hands unless We make
a sale to some Of our friends with agree
ment to deliver the bonds any time with
In six months and an sgrss,nsnt to take
them back within six months, and enter
the sale on the books.
You can think this over and II you
think desirable to make some suoh ar
ransemsnt. I will ind out about tbs
Denver Water company matter: am
busy every inomsIt here. but hops TO be
abls 10 get Oh By Tuesday or Wednesday
night.
have got to stop now as have an sp-
pointmsnt TO see Mr.. Rossnhsld.
Yours truly.
7. U. Woodbury..
UNDERWOOD, VAN WORST, RosEN
& HOYT.
(D
September 90. 1899.
Personal.
Il. U. Woodbury., Esq, In care omshA
Water 90 Omaha. Nebraska.
1.Dear Mr.. wooobury-Yours Of the 18th
received yesterday. The facts - stated
by you were about rs understood them
only you give me little more than l
knew.
think there Is no doubt that tho pur-
chase Of this stock from you was made
substantially with this Idea. Horton
owned o large interest In the North Shore
plant, and l have DO doubt that he was
in the negotiations carried on last fall
With Thurlow, the idea being to get the
properties together In somebody's hands
to sell to the city. When the Thrriow
arransemsnt fell through this parties in
terested undoubtedly got Kissel into 1t
and 1t Was arranged that the city SHOULD
take the works Of their hands when
they acquired them and. therefore. they
wsre willing to get hold OF the stock
without looking into any question about
IL at price which they themselves fixed.
What causes the trouble now Is that
owing to this Ramspo business. which
has very thoroughly stirred up the COM
unity here. they see il 10 going to be i'm
DOS d BILE to carry cut any such scheme
for q long time ct least. and they feel
pretty sore about it. wonld adviss you
IL you hold any OF those second mortgage
bonds to have them out of your hands
for reasons which l will discuss with
you when see you, and 1 should do 1t
before the first of October.
I am In receipt OF q letter from Judge
ii stcalf this morning enclosing copy
Of the opinion of Judge Cox in the Lana
dssin cass. Il is no more than antici-
patsd, and have advised Metoah before
arg ument that except for matter OF
courtesy to Judge Cox that 1 would rot
advise arguing the oass at all bsfore him.
Let him beat US and take an appeal
am glad, however. that he did. because
he makes the finding OF all their oom-
plants about service BY which they at
tempted to justify their action we're
groundless. The point seems either to
have escaped Judge Cox or from which
he shrinks Is that In the conjunction OF
the contract with regard to it's perform
ance that Law reads into that contract that
It is to be performed in good faith. Not
only are the parties to do what they
agree to do, but they are to do that In
such o way and manner. and do and re-
frain from doing that which good faith
requires.
Yours, etc.,
W. A. Underwood.
Q-So all you did was to enter the sale
on tho bookss
Ayes.
O Refer to the letter Of September 20.
This was the advice Of Underwood on
which Mr.. Wood bury aotea. wasn't i!g
A.-Yes.
Q.-Ths telegram to which you refer
we have not found In Jour hlesP
A.-No.
Mr.. Freeman had copy Of the telegram
which he read as follows;
Omaha, Nsb.. September eS, 1899.
Edward York. Portland, Me-:
Think Elmer son OF Higgins satisfactory
party, we to make entries on oui
books and then make them loan or
the bonds.
Theodore q. Woodbury..
Q.-Wssn't that In response to . lettsr
or a telegram to MIR. Woodbury.
A.-Yes.
Q-You submitted q suggestion to MT
Woodbury. and this was the replyf
Ayes. suggested that Mr.. Emerson
or NY brother-in- law, MIR. Higgins Of
Massachusetts, would buy the bonds In
the manner suggested.
Q.-To pose, In other wordss
Mr.. York did not answer this question
O.-Now please refer to the letter o.
October 18th from MIR. Woodbury. to you'll
Al find that letter.
Q-Please read itf
Mr.. York read 10 as follows:
Hotel Manhattan,
New York, Oetooer IL, 1899.
My dear Edward Yours of ths 10th
has been received. have arranged the
loan with the Produce Exchange Com
pany, to be anywhere from $4,000 Il
SIS. 600 at Q per cent. upon Fort Smith
water bonds at 70. II you desire to gel