The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-04-11

bonds. and demonstrated to the salts
faction Of the city OFFICIALS Of Virginia
that the Issuance OF such serial bonds
instead OF term bonds would be great
~ to the advantage Of Virginia ana
Of the consumers Of water and light
in said city. Whereupon, and after
the passage OF said first curative act,
said city officials requested affiant TO
undertake a new procedure that
would permit sale of such serial
oonds, anu it was for such purpose,
ana no other, that said so-callef Sec
ond curative act was passed. That
aftlant did each and every act and
thing that is criticized in the reply
IN this action, with his eyes wide
open. TO the sole end OF carrying out
the will OF the people of Virginia and
the wishes of their servants, the city
council Of the City of Virginia. unan-
lmously expressed, and he is proud
OF the job.
AHlant further says, with reference
to various allegations and averments
in papers heretofore served and filed
IN said matter with respect to the with
draWal by him of the bid of Boleer
Mosser & Willaman from the city
clerks files, first, that said bid was
read in full in an open meeting of
the council in the presence of a
crowded council chamber; second,
that 1t was delivered by the said clerk
10 anlant at the said clerks desk in
The council chamber in the presence
OF competitive bidders and numerous
other persons, and that Immediately
;hel eater and at the said clerks desk
IN said council chamber affiant signed
ana de'ii ed to the said clerk a writ
ten receipt for said bid; third, that
aflant is informed by said clerk BicE-
FORD that neither plaintiff nor any OF
MS attorneys nor anyone acting for
them, or any Of them, ever asked him
for any such receipt. or whether or
not ne had any such receipt in his
files. until long after the filing of the
complaint herein and not until after
certain city officials acquainted with
the Facts had caused to be published
n The Virsinian, a daily newspaper
of the city of Virginia, a full and
complete statement of the facts with
reference to the withdrawal of said
3id; and fourth, that Immediately up
on the said city clerk being requested
by one Of the attorneys for the plain
iff to furnish him with a copy of
! ElNE-ENTERPRI
said Old that said city clerk wrote to
affi:.nt at Duluth that such request
had been made, and that affiant i'm
medM.ely thereafter sent to said cit,
clerk the letter and copy of bid
marked exhibits "A" and B." at.
tached to the reply of plaintiff herein
Further affiant sayeth not.
BERT FESLER.
Subscribed and sworn to before m<
this sixth day of April, 1913.
L.. c. HARRIS,
Notary Public, St. Louis Co., MINI
AFFIDAVIT
State of Minnesota, County of st
Louis.-ss.
District Court, Eleventh Judicial Dis
trict.
City of Virginia, ct al,
Defendants.
State of Minnesota, County of st
Louis.--ss.
Nj. A. Murphy, being first duly
sworn, deposes and says: That he is
one of the defendants herein and is
and has been for several months las,
past. the Mayor of said City of Vir.
"inia; that at the time, the contracts
exhibits b. and &c" attached to the
answer herein, were entered into, the
said City OF Virginia was under con-
tract with the Virginia Electric Power
4 Water Company to pay for said
! 1c<
ton to receiving a transfer Of said
plant, and at the time said contracts
were entered into with the said
Bolger, Mosser e. Willaman, the said
City Of Virginia did not know that
an extension of time for said transfer
could be obtained: Affiant further
says that at the time said contracts
were entered into that affiant and
said city officials did not know what
it would cost to print said bonds
and to obtain the opinion of an at
tOrney, or attorneys, as to the validity
IF said ISSUE and alleges, upon in
formation and belief, that said Bolger,
Mosser & Willama did not know at
the time said contracts were entered
into what the said cost would be, for
the reason that at said time the tran
script of the proceedings on which
said bond issue was based. and upon
which attorneys would have to pass,
had not been made up by the said