Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-27

order, as being irrelevant 1mnaIerlAi anu iui
proper. The attitude of the MarysVlIe -aP
peal had no connection with the present IN
vestigation.
Mr.. Davis appealed from the decision o.
the Chair, which was sustained by vote Of
to l.
Mr.. Davis stated that the testimony of the
witness was worthless unless the animus OF
the witness WIS ascertained.
Witness further testified that he had never
put in bid for work on the dam.
Mr.. Neumann inquired if witness had
written the letter to the Colusa Sun before ne
examined the dam.
The Chairman would not permit the VIII
ness to answer the question.
Mr.. Parks remarked that the Chairman
protected the witness, to which the Chairman
rsplied that that was just the fact. He did
protect the witness, ana Re wished Mr.. Parks
TO understand that he was there as witness
and not as a member of the committee, and
be did not propose to permit hinl TO question
the rulings of the Chair. he was there to pro
tect the witness. and all other witnesses, IN
his own way, aud he did not wish any re-
marks made in reference to his conduct.
Mr.. Neumann further inquired, How did
you come to write that letter to Mr.. Glas-
cock %
The Chairman ruled the question out Of
order on the ground Of incompetency. irrele-
vancy and immateriaiity.
Mr.. Neumann appealed from the decision of
the Chair, and gave the reasons for his ap-
peal. His conduct in the Senate would be
based entirely on the facts elected on the
investigation, and lie wished to have all the
light thrown on it which was possible. He
wished to ascertain what motives had
4 prompted the witness to write the letter. He
was further of the opinion that the Chairman
1 himself had asked questions touching his OBJ
/ jeet in writing the letter. Senator'S Davis
and Brown agreed with Senator Neumann
in his opinion relative to what the nature of
| the questions should be-
Mr.. Chase said he cared nothing about the
motives which actuated him in writing the
letter. lie wanted to find out all the witness
knew about the dam, and nothing more.
Mr. Watson was in favor of permitting the
question to be asked. He thought the mo-
/ tive of the witness would to a great extent
! explain the testimony
! Mr. Parks said he understood that the pri-
vate letter had been handed to the commit
| tee, and given by the committee to the papers.
This the Chairman denied. He had seen
/ the letter as AN individual, but not as men,
/ Der of the committee.
MIR. Neumann's appeal was put TO vote,
aud Senators Davis, Brown, Watson and
/ Neumann voted to sustain the appeal, and
Senators j Crimson, Chase, Rowell and Pool
voted in the negative.
| Mr. Watson moved that so much of the ev
! idence of this witness as is not pertinent to
/ the Investigation be stricken from the file.
| Mr.. Neumann seconded the motion, but by
tacit agreement it was not put.
In reply to Mr.. Neumann l don't know
what amount of work has been done by the
Drainage Commissioners, and only knew where
part of it was located-the Yuba dam. He
was passing from Smartsville to Marysville
the dam was very little out of the way, and
he went there for his own personal satisfac-
ton. He was there about two hours, and
went only as far on the dam as the front set
tie. Paid no attention to the amount of
money raised or expended, or the manner of
letting the contracts. He knew nothing about
that.
Mr.. Parks wished to have letter read
which he had received, but it was ruled out
Of order by the Chair.
Mr.. Davis, next called, was farmer and
live sixteen miles above Colusa. There were
two lots of work did north of Celusa-one by
Howell & Davis and the other by Mr.
Packard-on that portion of the levee. If it
had not been there the water would have run
on to Mr.. Glenn, on the levee between him
and MIR. Hempstreet. The water ran a
quarter of a mile west and turned south
ran across Mr.. Hempstreet's half mile;
then on another geutlemans half a mile,
and then on Mr.. Glenn then another gen.
! tlenan's named Hunt, living at Woodland,
and then Mr.. BoggS The lower portion OF
! that work would not protect any of those
men. 1t would protect 10 Hamilton. Knew
MIR. Rideout when he saw him didn't think
| ne knew him. Had been in his banking
| office. Met Mr.. Binney in the Capitol at
/ the time the contracts were let. MIR.
| Binney did not directly tell him the terms
for which he would be paid for the construc-
! ton Of lsYees on the east side of the Sacra-
meuto river. Had told witness he would like
| him to take a contract on his own place,
| Witness responded that he would like to take
it even if he did not make any money. Mr..
Binney stated that he would get him the
contract so that he could make some money.
Jos Mcconnell was next called: He lived
| four miles north of ColuSa, on the east side
of the Sacramento river. By occupation a
! farmer. Knew when work was dore on the
Sacramento by Davis 4 Packard. Lands
protected by Davis Were principally those of
! General Hamilton. Some other lands were
protected above them and also some below.
| The water passed over some other lands
where the levee broke. All he knew about
Paekard's work was what the former had
told him, about the water passing over the
widow Hempstreet's land and on to Glenn's,
as described by the last witness. Knew
when Packards work was done, and was
speaking Of it from his own knowl
edge. He had no land there. His was
on the east side of the Sacramento river.
Ee did work there, but did not get a con-
tract, although he, In concert with others,
| tried to get some in q meeting held at Prince
ton. He had been told that all the work was
to be done by one contractor. He had done
work on his own farm for which he had
never been paid. Once on visit to Marys-
vile, by the advice of the Resident Engineer,
after waiting for day or so. he saw Mr..
Rideout, who told him to see Mr.. Binney,
as he was the capitalist. He saw the latter
and was told that he could not let any
contracts until he saw the farmers, and in
fact could not let any contracts, as
there was no money, in consequence of
mistake in the calculations of the engineers
! on the Yuba and Bear rivers, and that 1t
would take S15, COO more than estimated for
this work He authorized the witness to tell
| his neighbors to do the work, and he would
help them to get their pay from the State.
He was not told that they would be paid the
same as he himself was getting, but he would
do what was right. Nothing but surveying
was done by the State on the east side of the
Sacramento river, but the majority Of the
people did what they could on their levees
Ii emselves. It was late in the year when they
knew they would have to do it. Did not
know why work was done on the west and not
on the east side of the river. A part of the
/ work done then served the purpose, but q
part Ct the State levee on the west side of the
river had given away, in consequence OF poor
work. The State levee was larger than
any OF the others. II 10 Hamilton had
not been as smart as he was and
q good lawyer he didn't think the work
would have been done there yet he wouldn' t
say that Hamilton's place was the only one
protected; part of the levee was on the Lin
c In grant and Bartlett's place. Did not know
how much work was done. Was satisfied that
the work could have been let at lower price
on the whole, by letting every man do his
own work, instead of having one man super
intend it all, which was more than any one
man could do. 1t took pretty smart man
to take care of FIVE miles. That 100 feet OF
the new levee had washed away. When the
break occurred the water was no higher than
at other points. For the last five or SIX
years. the water had been constantly grow,
ing higher in consequence of the erection oil
levees and the rise of the sediment.
Mr.. Parks stated that he intended to prove
that the sediment had settled for depth Of
three feet for the 10000 feet before the set
ties occurred that the dam had been sue
cessfully maintained, and that but little ex
pense would be required to put it In gooe
working condition.
On motion of Mr.. Watson, the committee
! adjourned till Friday evening at o'clock.
THE THREATENING POSTAL CARD.
| MARYsvILLE, Jan. 81, 1881.
= W., of a i.nW