Year: 1873

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standing the estopel we should obtain
a decree Of foreclosure on the Jansen
mortgage and then obtain adequate
security for all our liabilities.


The action brought to forcclose the
Jansen mortgage, was finally decided
by the Supreme Court in the Spring
of 1869. The decision was final and
conclusive, and could see ne hope
left for the county in resisting the
payment of this indebtedness, except
in the spasmodic and galvanic calci-
tration which it should be able to
exhibit by force or by trick ip resisting,
evading or defeating the process Of
the court in the enforcement Of its
judgments.


Such being the attitude of affairs
and with the sad feeling that [ had
exhausted all my professional powers
to aid the county in obtaining security,
and had exhausted them in vain I
turned my attention to the thought of
utilizing this debt in some way to aid
in the extension of the Mineral Point
Railroad to the Wisconsin river
The result was an interview between
Mr.. Beecher and myself and verbal
arrangement between us having in view
the accomplishment of this object
When that verbal argument was known
it was denounced by certain parties
and papers as betrayed of profession.
al trust and duty, and [ was charged
with the greatest crime OF which
lawyer can be guilty; infdility to my
client Owing in some measure to
these deDunciations, but chiefly to other
causes, this verbal arrangement was
never consummated, and Mr.. Beecher
refused at that time to make any
arrangements with me having an ex-
tension of the Railroad in view.


Notwithstanding this failure, [ have
ever since, constantly availed myself
of every occasion-sometimes creating
occasions-to bring about the payment
of the county Indebtedness in whole
or in part, by having the amount paid,
applied in aid Of the construction Of a
Railroad through the county, and
within the last four months have made
serious efforts to induce the holders Of
these claims, to exchange them for
the preferred stock of the Wisconsin
Midland Railway Company at par, the
Directors of the Company agreeing to
accept of IS cts. ON the dollar Of all
such claims to be paid on the construc-
ton Of the Railroad through the
county.


I have said quite as much as is
necessary-and more than | had in
tended-to show that the opinions l
have expressed and the action have
advised at different times, have been
as different as the chagned condition
of circumstances.


But as I have before said, my indi-
vidual opinions either past or present
are Of little consequence. The ques-
tton which is now under consideration
is: What are the objections Of Mr..
Blake and his coadjutors to the issue
of the county bonds, the issuing Of
which is restrained by the injunction
in this csae :?


These [ shall now proceed to state,
as we'll as am able. The objections
to tie issue Of the bonds, are that the
only object of issuing them is to carry
out and give effect to certain agree
ments and propositions for the compro'
mise Gas it is called) of certain por-
tion of the Indebtedness Of the county,
which agreements and propositions
were laid before the board on the .lst
of July last and are spread at length
upon your records.


So that, in other words the obiec'
tions to the bonds are the objections
to the compromise.


These may be embraced under two
general heads:


E3I. That the county board has no
legal power or authority to make the
compromise ; and


III. If the board had the legal
power and authority to make it, the
compromise itself is neither wise, just
nor expedient, nor for the advantage
and benefit of the county and it's in
habitants.


The first of these two general rea.
soma, is one which it is the especial
province of the courts to take cogni-
zance of, AMI which, if it prove to be
sound and we'll taken, renders it the
imperative duty Of the court to make
the injunction perpetual; ; but at the
same time it is one which ought to
have such influence upon the board,
if they are convinced that they have
not the proper power and authority;
to reconsider their action, undo what
they have done and do nothing further
without proper power and authority,
and that without waiting for the CON-
pulsory process Of the court.


The second of these general reasons,
addresses itself more appropriately to.
the consideration of this board.


I shall therefore, reversing the order
in which have presented these two
general heads, proceed first to present
some of the reasons why this proposed
compromise is regarded as unwise, un-
Just and inexpedient, and is not for
the advantage and benefit of the coun-
ty.