Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-04-11
FIVE PER CENT.
BROKER HEISEN's MODEST RATES
OF INTEREST.
Compounded Monthly, IL Not Paid
An Interesting Answer Filed by
Librarian Wallis.

Talbot H. Wallis, State Librarian, has
prepared voluminous answer and de-
murrer to the complaint lodged against
him by Charles Heisen, in the latter's APP
plication for an order of Court restraining
Controller Dunn from issuing to Wallis
any salary warrants for the remainder of
his term of office. The complaint will be
filed this morning in the Superior Court by
his attorneys, S. c. benson and F. D. Ryan.
1t embraces a general denial of nearly all
the allegations made by Heisen, and con-
cludes with petition to the Court for an
order dissolving the temporary injunction
ordered upon the complaint and prayer of
Heisen. Inasmuch as this case has at
tracted great deal of attention, and as the
allegations made on both sides are of a
more or less novel-not to say astounding
character considerable space is given be-
low to the publication of copious extracts
from Mr.. Wallis answer. He alleges land
the complaint is sworn to in due form) that
he had been in the habit of delivering TO
Heisen blank powers of attorney signed by
himself, TO be filed in by Heisen, but only
from month to month, and that the latter
filled them in to suit himself; that all the
principal he owes Heisen has been paid,
and that the balance due $500, instead of
81 ,600) is for interest, which was charged
at the rate of five per cent. per month, COM
pounded monthly. But the complaint
speaks for itself:
ADMISSIONS AND AvERMENTs
This defendant admits that on the Goth day of
May, 1887, he and said plaintiff had an account
ing and settlement, whereby it was ascertained
and determined between them that this defend
ant was indebted to said plaintiff in the sum of
$40 IS. And this defendant AYERS that the said
sum accrued from and on account OF balance
OF interest accruing on money which this de-
PENDANT had heretofore owed the said plaintiff,
The principal OF all sums had been paid, and
portion of the interest. but the said sum of
$40 SIS was the balance of interest at the rate
of about per cent. per month. And this de-
fendant AYERS that ON said day he executed and
delivered to the said plaintiff three several
powers of attorney, whereby he authorized and
empowered the said plaintiff to receive the
warrants which should be drawn by the State
Controller in favor of this defendant for his
salary which should accrue for the months of
January, February and April, 1883. The said
powers of attorney were given solely secur-
lty fol said notes, amounting TO $40 IS, and Tor
no other purpose.
And this defendant AYERS that the said plain
tiff was permitted to and did receive the war
rants for said three months In 1SSS and used and
appropriated the moneys received thereon TO
his own use and benefit, but the said notes
amounting to $40 5S have never been surren-
dered to this defendant This defendant is
unable TO state the sum in which he is now in
debted to the plaintiff but he AYERS that he has
paid said plaintiff sums in the aggregate
amounting to more than the principal of all the
sums which have been at any time due or ow-
ing from him 10 said plaintiff.
HIS REAL INDEBTEDNESS.
This defendant admits that on account of the
excessive and eXorbitant rate of interest which
has been charged against him by said plaintiff
he is inGebted to the said plaintiff IN an amount
which he is unable at this time to state, but
from his best information and belief denies that
the amount due said plaintiff at this time is
more than $500. And this defendant denies
t1at on or about the Goth day of May, 1887, he
was indebted in q large amount to various per-
sons and denies that the total amount of his
said indebtedness far or at all exceeded the
total amount of his salary from that time until
the expiration of his term of office, and denies
that Observation-Disclosures at that time TO all persons
asmore than 81 SOC, and to his best recollection
and belief his total Indebtedness was much less
than said sum.
And he denies that at that time, or for some
time prior thereto, this defendants creditors
were or had been pressing him for the payment
of their several demands any more than the
presentation of their bills and requesting pay
ments, in the ordinary way, OF the sums due.
Then follows several pages of denials of
the various allegations made by Heisen
relative to agreements made between MIN
and Wallis whereby the former was to save
the latter from persecution by his creditors.
Wallis alleges that if Heisen did any of the
things in this connection that he claims to
have done it was of his own free will, and
not in pursuance of any agreement with
the defendant.
HOW HEIsEN RELIEVED" HIS FRIEND.
And this defendant admits thst the plaintiff
has relieved him of great deal of money by
charging exorbitant and excessive rates of in
rerest. and by buying up some outstanding de-
mands against the defendant at considerable
discounts. and charging up the full amount
thereof with interest thereon to this defendant
but he denies that said plaintiff has in any other
respect relieved this defendant for the most
part, or at all, from the burden or labor of at
lending to his own business, and denies that the
plaintiff had protected or preserved this defend
ant in any respect
And this defendant denies that in pursuance
of said or any agreement, except as here
matter specifically admitted, the plaintiff did
from month 10 month, with the knowledge or
consent of defendant, or at his request, receive
from the State Controller the said or any
monthly salary warrant, or the money due
thereon, until the list day of January 1888, or
did apply the proceeds thereof in accordance
with the terms of said agreement; and denies
that on or about said last named date. in order
to avoid the annoyance or inconvenience oc-
casioned in the drawing and receipt of said
warrants or NOM in the absence of indisposI-
ton o. the def, mt (and which he dt MES
were frequent Nong duration) or in order
better to carry out .e terms of his said agree
ment, or TO facilitate the purposes of said or any
cred unto the plaintiff a written power of attor-
ney which authorized, empowered or 6lrec ed
the plaintiff TO draw said monthly salary war
rants and to receive the money therefor.
BLANK POWERS OF ATTORNEY SIGNED
And this defendant AYERS the fact to be that
he has as hereinbeiore stated, at divers times
and on several occasions, borrowed moneys
from the said plaintiff, and upon such ocea-
sions the said plaintiff has exacted from him,
from time TO time, the execution and delivery
of powers of attorney authorizing the plaintiff
TO receive the salary warrants which should be
drawn by the State Controller in favor of this
defendant Tor particular months, each power
being intended tor one months salary but the
particular month was not specified IN the said
powers of attorney, and he admits and AYERS
mat under such powers OF attorney the said
plaintiff has drawn since the said 10Th day of
May. 1887, of salary aceruiDg to and earned by
this defendant, more than 5000.
And this defendant AYERS that on or about the
LIST day OF September, lsSS, said plaintiff in
duced and procured this defendant to sign his
name to a power OF attorney in blank,
ized and empowered to receive from the Cor.
troller of State all warrants then due this
defendant or thereafterto become due him from
the State of California, but not specifying any
particu ar month or year wherein such warrants
were to accrue or become due, and this defend
ant is informed and believes that since said last
mentioned date
THE Plaintiff HAS FILLED OUT
The said blank power OF attorney so as to ar-
warrants which should be drawn in favor OF
this defendant as such State Librarian for the
months OF January, February, March and April,
1889 and this defendant is informed and be-
lieves end therefore charges the fact 10 be. that
said plaintiff is now seeking TO avail himself of
the said power of attorney so executed in blank,
aud subsequently filed out by him.
SURPRISED By THG DISCOVERY.
And this defendant AYERS that on the signing
o. said blank power Of attorney IL was his in
tention, and the understanding between him
and said p .aintiff that the said power of attor-
ney was 10 apply to only one month, and to au-
thorize the plaintiff to receive the warrant for
one months salary only; and this defendant
understood at the time, and signed saiG blank
power OF attorney with the understanding. that
il was TO be used for one of the months in the
latter part of the year 1883. And this defendant
ayers thai when he was advised OF the fact that
the said power of attorney 50 signed by him.
and afterwards filled out by plaintiff, as herein
before ayerTed had been presented 10 and filed
in the Office of the state Controller, and that
said plaintiff was claiming the right to have
aod receive the warrant to which this defend
AM was entitled for and in payment OF
his salary as such state Librarian for
the month of March, 1889, he revoked
and cancelled the said power of attor-
ney, and by notice in writing on the
18th day of March, 1882 warned and notified
Hon. J. =. Dunn, Controller of State. not TO
honor or recognize such power of attorney. and
to issue said warrant TO no other person except
this de endsnt.
MORE BLANK POWERS OF ATTORNEY.