The news & observer., 1905-11-04
That's What Ex-senator
Anderson's Complaint
Shows.
SIGNED A CONTRACT
To Give Anderson an Office if He Would
Actively Work to Secure Reap
pointment Of Western Fed.
eral Officials.


eraI Officials.
Especial to News and Observer.D
Asheville, n. c.. Nov. 3.-The COM
plaint i'm the 100000 damage suit
brought by Hon. Fl. s. Anderson. of
Henderson county. against Collector
II. = Harkins, Republican State Chair
man Thomas s. Rollins. District At
torney A. L. Holton, and Marshal j.
NJ. Millikan. has been completed. and
was today given for publication. Tne
suit is for an alleged breach of con-
tract on the part of the defendants,
who. Anderson alleges. agreed to give
him a paying Federal position upon
consideration of the fact that he With
drew his candidacy for the position of
Collector if Internal Revenue for the
Fifth District and supported Collector
Harkins for that position: and who. he
further alleges. did not keen or at
tempt to keep their contract. What
ever may be thought of the legal as
poets of Mr.. AnderSon's case no one
can deny that the parts of the COM
plant relating to the alleged agree
rncnt and other matters of Federal
patronage are interesting bits of in
cause the organization momentary un-
casineSS
The first section of the complaint
alleges that the defendants entered
into the following coptract with the
plaintiff:
Asheville n G.
November IS. 1900
First To 90 a, in our power to
secure III. s. Henderson the position of
Assistant Attorney in one of the de-
partments ut Washington at a salary
of not less than 50 500 per annum.
Failing in this we viii secure him
some other place equally as good
that we will prosecute the fight in
his behalf with all the vigor in our
power, and get the appointment a the
earliest possible moment: that we will
allow nothing to come in conflict with
our efforts in this direction.
JAS. NJ MOODY.
Fl. S. HARKINS.
sTHOS. s. ROLLINS.
y. f. HOLTON.
j. Nj. MILLIKAN.
Section two of the omolaint states
that at the time the contract was made
II c. HarkinS was Collector OF Inter
nal Revenue for tho Fifth Collection
District of North Carolina, 7. ). Rol-
lins was Chairman Of the Republican
Executive Congressional Committee OF
the then Ninth Congressional District,
Holton was District Attornev for the
Western District OF North Carolina,
and Millikan, marshal of the same.
Section three recites the circumstan-
ccs under which the contract was en-
tered. and is given below in full
THAT the contract or agreement as
set forth in paragraph one of this
complaint, was made and entered into
under the following circumstances and
conditions to-wit: The United
Western District of North Car
o!ina was in session at Ashe-
contract. or agreement was .lade and
entered into: that the said Ii. :. Har-
kns' Office was in the United States
Government building in Asheville:
That A. f. Holton and j. M. Millikan.
defendants above named were in at
tendance upon said session of said
court as officers of the same. That
Thomas S. Rollins and the plaintiff
were attending the said session of the
said United States District Court as at
torneys thereof; That the said IL. 5.
Harkins, one of the defendants above
named, was an applicant for reap
pointment, or to be continued in Of
flee. as Collector of Internal Revenue
for the said Fifth Collection District
of North Carolina: that the said c. E.
Holton one of the defendants above
named was an applicant FOR reap
pontment, or continuance Tor the OIL
fee of United States District Attorney
for said Western District of North
Carolina; That the said j. M. Milli-
kan was an applicant for re-appoint-
mcnt. or TO be continued. in the Office
of United States Marshal for the west
ern District of North Carolina, and
that Thomas S. Rollins represented
that he, i'm connection with the Otner
defendants. or some of them. was IN
control of the patronage &c the Nlnth
Congressional District of North Caro-
lima: that he was acting for Jeter I.
Pritchard, who was a United States
Senator from North Carolina at that
time. and that the said Unitea states
Senator, Jeter c. Pritchard would
carry out any agreement made by him.
the said Thomas S. Rollins: That the
consideration which caused the said
defendant TO enter into said contract
or agreement, was. that the plaintiff
would cease to be an applicant for ap-
pointment TO the office of Collector of
Internal Revenue for the said Fifth
Collection District of North Carolina,
and that he would not introduce res
olution at mass meeting in his
county asking that new men be ap-
pointed to the various Federal offices
in North Carolina. but would endorse
and recommend the said H. S. Har-.
kins, one of the defendants above
named. for that office: that he would
endorse and recommend the said A. f..
Holton for the office of District At
torney for the said Western District of
North Carolina, and that he would en-
dorse and recommend the said J. NJ
Millikan. one of the defendants above
named for the position of United
States Marshal for the Western Dis
trict of North Carolina; that the
agreement on the part of the plaintiff
To support said defendants for the
Offices above mentioned was made in
good faith and from pure motives it
being represented to him, and he be-
lieving at the time. that the defend
ants were acting in good faith with
him: that they were capable and hon
est men, well qualified to fill the Off
ces above named and that il would
not be for the best interest of the pub
lie service or of the Republican party
of North Carolina to make a change
in the said offices or any of them al