The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-01-14

Public Charges Are
Effort to Defame,
Is McC urdy's Reply
Continued from page one)
and that he wants Hughes present to
testify regarding his charges. He was
informed, he said. that Mr.. Hughes
left Bismarck Saturday night for q
trip to South America.
Mr.. McCurdy's statement follows:
TN Saturdays paper, notice OF
which was not given to me until
read 1t in the paper. but an intima-
ton was given to me about ten min
utes before IL o'clock Saturday. toe
late to give any adequate reply, you
published with glazing headlines q
statement relating to me.
I'm those charges Hughes states
that I sold out q lawsuit. That por-
ton of his charge he was apparently
afraid to make positively. He stated
1t on his information and belief.
Those charges were filed In the office
Of the clerk Of the supreme court by
mail. About eleven o'clock In the
forenoon Of that day. have been In
formed, MIR. Hughes was at The
Tribune office. The newspaper ar
ticle states that O'Hare, Cox and
Cox, gave the matter to the press.
Mr.. Cox cmphatically denies that.
Says that they were not instrumental
In having It given to the press In any
way, manner, Shape or form and that
they refused to give 1t to tho press
and refused to make any statement
or give any information concerning
1t. That Is as q lawyer should do
because it Is against the rules OF the
court for these matters to be made
public until after an investigation has
been made. The rule Is based upon
the ground of public money Ninety per
cent Of the charges brought against
lawyers are purely malicious and
without foundation in fact and It Is
for the purpose Of protecting the good
name Of decent people that these rules
are made.
Apparently that did not deter Mr..
Hughes In making this just as public
as he could with the assistance Of tho
Bismarck Tribune. This matter, /
have been informed. was Ill set up in
the Tribune office before was even
consulted. e
1T Is not my usual policy to try my
affairs In the newspapers, but since
Mr.. Hughes and the Bismarck Trib-
une have seen fit to make these state
ments with the most damaging head
lines they could make, I feel am
entitled to give little history to the
public In my own protection. ~.
-Four years ago. this litigation was
commenced. It involved the collec-
ton Of over sixty thousand dollars OF
taxes, penalties and interest. This
matter has been in court ever since.
It was In court in several different
forms and after having been up to
the supreme court and back again, 1t
was finally tried before Judge Grim
son. He handed { n . memoran-
dunn, which was comproise In which
he determined that between eighteen
and twenty thousand dollars Of addi-
tional taxes and interest should be
paid by Mr.. Patterson. This final form
Of the litigation arose out Of an ap-
peal from q decision Of the board OF
county commissioners In which they
had abated Mr.. Pattersons taxes.
Judge 0rimson's decision had the ef-
feet Of declaring that abatement was
an abuse on power and discretion on
the part Of the commissioners and
raised tho amount fixed by them In
the sum Of between eighteen and
twenty thousand dollars. The board
of county commissioner, without any
request from myself and without con- !
sulttn9 mo IN the matter. saw fit to
pass the resolution set out In Mr..
Hughes statement, which was to the
effect that they ordered ana directed |
The states attorney TO enter into the !
stipulation agreeing that court should |
enter judgment for the additional |
amount that had been found without
Interest. This would reduce It ap-
proximately fifty per cent.
''That resolution was adopted and / |
Eook the matter under adyisement. I !!
:ounseled- with good many lawyers.
counseled with good many people. |
went into the matter very carefully
myself. Tho taxpayers, Of whom MI.
Hughes u only one, had the matter
n mind ana Mr.. Hughes did have his |
attorney write me Z letter undertake
nG to persuade me that Is q matter
Il law the county commissioners had
10 authority o make the resolution.
took that letter into consideration.
talked the natter over with Mr..
Hughes attorney. ! also talked to
Fred Peterson, another one Of the
dgning taxpayer, and kept him ad.
Used at I'll times g to what the pro-.
seedlings were.
Il was very reluctant to have this
'ssolution so through and was not
consulted about It. After . man
ponds four years winning q lawsuit.
70 hates to zee some Of the fruits OF
hat lawsuit lost. Nevertheless did
Ign the stipulation for tho following
easops:
first. ! hive had and sim have
lestcus doubts q to whether the
'otlnty commissionerp had authority
o make the resolution. If, however.
hoy did hare the authority to pass
hat resolution. that resolution would
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