The Montgomery advertiser., 1902-01-21
CITY WILL
 BRING SUIT Council Took Action Last
 Night. COMMITTEE MADE REPORT City Attorney Ordered to Be- gin Action at Once. Amount Deposited With Josiah Nor ris & Co. Bankers, by Treasurer Was sse, ,2ss. --Bondsmsn
 will Be Sued.

As a result of the failure of the bank. ing house of Josiah Morris & Co. early in last year, the city of Montgomery will shortly institute suit against R. 1T. Som ervilIe, formerly Treasurer of the City. This action was determined by the City Council last night. when resolution was unanimously adopted directing City Attorney Steiner to bring suit in the City Court against Mir. Somerville and the sureties on his bond.
 The banking house of Josiah Morris & Co. is now due the city $S6.2 .2ss27. and the former Treasurer and his bondamen will be held responsible for the amount. The amount of the Treasurcr's bond Is $i00o0. The adoption of the resolution instruct ing the City, Attorney to begin the suit was recommended by a select committee of the Council, of which Alderman c. F. Mcintyre was chairman. This commit tee was appointed two weeks ago to in yestigate the city's claim against the former Treasurer and his bondsmen, and the committee submitted it's report to Council last night. The resolution was attached to the report of the committee and it's adoption was recommended.
 A statement from F. M. Billing. of Josiah Morris & O., and a statement from R. s. Williams, City Treasurer, sbsswins the status of .rify franSes, were attAcfed to and made a part of the re port of the select committee. Alderman Mcintyre. chairman of tn select committed. read the report to Coun-i cil as follows:
 .HThe committee finds that there is due the city of Montgomery by it's former Treasurer, R. H. SommerviIle. the sum of ss6, ,2Se27. This default on the part of the Treasurer is due entirely to the failure of Josiah Morris & Co, where the Treas urer had deposited the city's money. The bond of the City Treasurer is signed by Messrs F. M. Billing. A. A. Wiley and Jno. w. Durr, as sureties This bond IS for $4o, 900. Unless Josiah Morris ~ %. shall be able to pay the sum of SS6.z to the city, the bond will have to ne iook- ed to as indemnity.
 "The assessment book for this county shows that there is assessed to Messrs- Durr and Wiley 5000 and -$2e.OOO respec- lively There is nothing assessed to Mr. Sommervilie.
 we are not in position to state how much the city will get from MT. Bill- ing, as no information upon the condition of Morris & Co. Is forthcoming. The committee has sought a statement from each of the sureties on the bond except Mfr Wiley, and obtained a statement from Mir Billing. The committee received from him the subjoined letter.
 "The committee regrets to conclude this report with the statement that the pros- poets of recovering the amount que py Mir. Sommervine is not at all bright
 "The committee reports favorably upon the resolution submitted to the Councii along with this report.
 Respectfully submitted.
 ''C. P. Anderson.
 co P. Mcintyre,
 "J. H. Hartley,
 ''Committee." The statement from MT. Billing refer red to by the report of the committee was read by Alderman Mcintyre. It IS aa follows:
 Montgomery. Ala. Jan. 10. "C. P. Mcintyre. Chairman Committed "In accordance with your request would be glad for you to make the foi' lowing statement to the City Council: T am unfortunately not In position to pay the 12 1-2 per cent dividend due by me to my creditors on December l. 190l but I am doing everything in my power to raise the balance of the money necessary to pay the dividend and hopa to do so within few weeks. have ad- ministered the affairs of Josiah Morris & Co, in an absolutely impartial way sincs the same were turned over to me. No one has been preferred. and every one has been treated exactly alike. As long as the affairs of the bank remain in my hands, and under my control, such will be my position. I believe l can get up the money for this dividend in a much shorter time and at a much less sacrifice of securities than any one else and the wish to do this is the only reason have not long since turned 1t over to some one else. If the City Council of Montgomery. or some one else, should take action against me, or the bondsmen. the result would be in a short time beyond my control and I am afraid that all valuable securities. belonging to me and held as collateral, would be sold at much lesa than their real values. and thereby result in much loss to the creditors. No harm can be done by a further short delay and much harm might be done by any action in the courts.
 Yours very truly.
 'F. M. Billing" When Alderman Mcintyre had conclud- ed the reading of the report of the Select Committee there was intense silence and he sat down.
 'eWhat Is the pleasure of Council with regard to the report of the Committee7" slowly asked Alderman Toole. who was temporarily presiding.
 Intense silence pervaded the room for a full moment. I nan undertone Alder man Anderson, a member of the Select said to the Chairman of the Committee, Alderman Mcintyre: some one e,es ought to make the motion. ' No one else made the motion.
 T move that the report be adopted. 7 said Alderman Anderson, sharply
 The question was put to Council and the report was adopted. but three ~ A a wfatf