New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-19
REILLY WINS LEGAL
FIGHT WITH FRIAS
Contract with Cuban Set
Aside and His Counter
Claim Dismissed.
wATERWORKS ON
ISLAND INVOLVED
Goth Men Alleged to Have Used
Services of Sulzer When He
Was in Congress.

-, decision Of Justice Newburger.
ursb J. Reilly contractor. Won vic
,,.r Yesterday in his suit against Jose
.-.,,,o Frias. formerly a Cuban Senator
= vsvor Of Cicnfuegos, and the Latin
,,-,,an Contracting and Improvement
',,,cany. Reilly sued to set aside
,,,raet with Frias. and the defendant
a. counter claim asking for part OF
$500 paid to Reilly by the Cuban gov
-,.nt under certain contracts. Justice
,,w,,reer sustained the action brought
psp,y and dismissed the counter
claim 0, Frias
There has been much bitterness be-
,r.sp the parties to the suit, one out
.,rs Of which was the indictment of
r,,s in this city for perjury. Both men
had made use Of the service Of William
so,,.r while he was in Congress. Reilly
..,sssd that he had advanced $1,000 TO
s,,,.r following his nomination for Gov
,,ror to enable him 10 pay his debts.
Justice Newburger said in his decision
,h., he could find nothing in the record
:, ,hA case 70 uphold the statement of
r,tas that he was a partner Of Reilly in
~. contracts awarded 20 the latter by
,Ss Cuban government. which included
an. for building waterworks at Glen
tgszos. The court held that the rela-
,iors OF Frias and Reilly were only those
a, attorney and client. finding also that
rrias had received large compensation
ior his work
Reilly made the acquaintance OF Fries
IN iane in Cienfuegos. Through him he
obtained the contract for the waterworks,
which had been originally granted 10
Michael J. Dady. Of Brooklyn. but later
was rejected by the Common Council Of
Cisnfuegos. Frias also procured for
Reilly a franchise FOR a railroad. Reilly
agreed under contract 10 build and equip
the railroad in return for 1890 shares Of
stock and 100000 in bonds. secured by
lien on the railroad. Frias left Cuba in
dILtT q AN4-Llt al AISllAf III NiiANh NpN7
gresham Villuendas was assassinated.
He did not return there until last winter.
Governor Magoon, al the head Of the
government Of Intervention in 1901, and
The Cienfuegos Common Council revoked
the waterworks contract, new contract
being made in 1908 on the recommended
ton Of William II. Taft. at that time Sec
rotary Of War. This contract was APP
proved by President Roosevelt. Reilly
wrote 10 Frias in 1903 telling him that the
people VINO were fighting him believed
that Frias was his partner. Reilly asked
Fras to assign to him a contract that
be had with the railroad company 10 pro-
vide al 80 a horsepower such power as
might oe needed for electric lighting
along the line OF the proposed railroad.
Frias executed this assignment. Frias
also alleged % per cent interest in the
money 10 be paid by the Cuban govern
ment 10 Reilly on the waterworks con-
tact He transferred this claim TO one
Altamira, who organized the Latin-Amer-
lean Contracting and Improvement Com
pany. 70 which he transferred the claim
Of Frias against Reilly.
Reilly sued TO set aside the contract of
Frias with the railroad company for sup
plying power and to set aside the assign
ment Of Frias to Altamira. and the one
by Atamira 10 the Latin-American COM
pany Of the claim against Reilly This
the court upheld
FTias sought TO compel Reilly TO &C
count Tor % per cent OF the money he re-
osFed from the Cuban government and
20 transfer part Of the stock Of the rail-
road company 20 Fr!as and the contract
Ing company THIS claim was dismissed.