The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-12-12


the accusation to the District Attorney in
open court.
THE entry on the minutes" said Judge
Wallace, will be that the accusation was
SO fled"
The accusation covered twelve type
written pages of legal cap. and reads sub
itantially as follows:
TEXT OF THE ACCUSATION.
People OF the State of California VS.. John FL.
burst State OF California, city and county OF
san francisco, TO the Suuerior Court of the
Stale oil California, in and Tor the city and
county Of san Francisco, Department 8, and the
Hon. William I. " Wallace, Judge of said Depart
taent thereof, and 10 William S. Barnes, Dis
tret Attorney OF The city and county Of san
Francl-cO.
The Grand Jury, in and for the city and
duly Impaneed. sworn and charged. do hereby
10 wIlttng, accuse john H. burst, the regularly
elected, qualified aud acting attorney and cOun-
seloT IN aud for Tie said city and county of san
francisco, Stale Of California, OF and Tor his
Nlliiul and corIupt misconduct in office and In
suppOil Of said Written accusation allege aud
show 10 tile court as follows:
That The said John II. burst was at the gen
etAl election held IN The ely and county Of San
Francisco, State aforesaid. on November l.
1890. duly cleo ed TO Tie office of attorney and
counselor In and Tor the city and county of san
Francisco State aforesaid and thereafter on
December 6, 1890, duly took and filed his oath
OF office in lie office OF Ihs County Clerk of the
said city aud county. aud on December 3, 1890.
which bond was duly approved by L. b. Pond.
Mayor OF The SAID city and county OF SIu Fran
ei>en, and said John II. burst did thereafter on
The ON day Of January, 1891, enter into the said
ONCE OF attorney aud counselor In and for said
city and county, and thence hitherto has been
ana now Is such attorney aud counselor in aud
foT said city aud county Of San Francisco.
That JOhu D. Siebe was at a general election
held ~ lie civ I'd county OF San francisco on
November 1, 1890, elected Assessor In and for
The cHy ana county of San Francisco. Stat afOre.
SAID, aud thereafter ON December ., 1891, duly
look and NED ms oath OF ONCE IN The office OF
Ihe county lleIk OF said ely aud county, ana on
December ., 1890. filed his Official bond IN the
sum OF $4,000, which bond WAS duly approved
by Tie Hon. Z. B. Pond, Mayor OF said city and
county Of san Francisco. and SAID John D. Siebe
did thereafter on January 8. 1891. enter into the
SAID office OF Assessor 10 and for lie said civ
aud county, and hitherto has been and new
Is such Assessor IN aud for said city and county
OF San ( iancsco.
That prior TO The times hereinafter mentioned
and subsequent 10 the nrst Monday IN March,
1891. the SAID John d Siebe as such Assessor
made demand upon the parties hereinafter men.
TONED 10 tuinlsh 10 MN under oath statement
OF all their sssesSEble property, real personal
aud mixed, owned and held by them on the first
Monday In March, 1891.
That after such demand the said parties
wholly neglected and refused TO give under oath.
OF at all, the statement required Of them by The
said Assessor.
That thereafter, on July "a, 1891. the said
Assessor noted lie refusal OF tie said several
parties to comply with his request upOn the per.
sOnal property assessment roll of the said CITY
and county opposite The respective names of the
parties 80 refusing, and said Assessor then aud
Ill re proceeded 10 make and did make an arbi-
traTy assessment Of the value OF the eisoual
property Of said several parties, aud arbitrarily
assessed the said several parties on said personal
properly Tor the nscal year 1SJl-1S92 is follows,
that IS 10 say:
Steamer Beiuea owned by Paciic steam ''0OO
whaling coapahy}... 49,. 10000
steamer NarWhal same owners .--. 10000
steamer FapoOse Owners, oregon Railway
D..
Steamer Baaena Owners, Pacific Steam
Steamer 5eanie same ownersj - II 900
Steamer All Owners, Pacific Coast steam
Steamer AragO Owners, oregon CoaI aud
Navigation Company Observation-Disclosures. IS 900
Steamer Arcata owners same .-...-....... $1,000
ing company ............ 10000
Steamer jesse II. Freeman Same ownersl. $500
Sche oaer Premier lowner, Jacob Gense et
1000
That thereafter, on the oath Gay OF July, 1891,
the laid Juhu Fl. burst, so being, as aforesaid,
lie a torney ana counselor 10 and for the said
city ana county Of San + suciscO, who upon he
request aud at the solicitation OF the said John
ID. Siebe, so being, as aforesaid. the Assessor In
and Tor lie SAID city aud county VI San Fran
cisco, aud in Lis, the said John II. bursts.
capacity Of and acting as the attorney and cOun-
seor IN and for said CITY ana county of San
dnciScO, cid Williully, uulawfuly dudcOuuptly
give tu the said John b. Slebe Assessor as afore-
SAID, his consent In writing 10 make the certain
alterations and reductions hereinafter stated IN
th- arbitrary assessments OF personal property
lereltLD lore sta ed OF TIE pefSpuS, COIUUfdtlOUS
and associations heieinbefore named. WHICH had
heretofore been made according 10 law. and
which were then standing upon the personal
property assessment roll Of said city and county
OF San Francisco for the fiscal year 1S9l-92, and
upon which taxes were due as follows, that Is to
say:
Assessment OF d. S. Croker reduced from
$4,000 10 $500.
c. K. Croker, from $4,000 TO $500.
Steamer BelUga, from $4,000 TO 5000.
Steamer Narwnal, $4,000 TO $4,000.
Steamer Papoose, from $3.50 TO $500.
Steamer Balaena. from $4,000 TO $4,000.
Steamer JeaHir, Sl7. 600 o $4,000.
Steamer Al X, $40, 900 TO $4,000.
Steamer Arago, $4,000 TO $4,000.
Steamer Arcata, S24, GOO 10 $4,000.
S eamer Orca, S12, 600 10 $4,000.
Steamer j. H Freeman. $500 TO $4,000.
Schooner Premier, $4,000 TO $4,000.
That said reductions were omissions,
errors defects in form Of the original dupli-
cafe personal property assessment roll OF said
city aud county OF San Francisco, nor could rea-
sun for said reductions be asccrtained from the
original OF duplicate personal property assess
nIeut roll
That SAID reductions so consented to in writing
by said John ii. burst were thereafter, by the
sald john ID. SIobe, carried into the original per
sonal property roll OF said city aud county, and
as corrected were transferred 10 the Tax
Collector Of said city and county, and taxes upon
said personal property so reduced as aforesaid
were tke fIer collected upon said reductions
by the Tax Collector for city and county pur-
poses and State purposes.
That by reason OF said reductions so wlllfully,
unlawtully and cOrrupuy consented to 10 writ
ing Dy-said John II. burst, the city and county
OF San Francisco, State of California, were each
of them deprived Of a large amount OF revenue,
TO wit: lThe list OF reductions Is then given,
the 10 al reductions amounting to $G9,75Ol
That said reduction and said arbitrary assess
ment of said personal property, and each of
them authorized ana consented 10 In writing by
the said John II. burst were not authorized by
law, but were made in wlllful and corrupt viola
lion Of the statute In such cases made and pro-
yidtd.
And the said reductions and said arbitrary
assessments OF said personal properly SO made
Is afol esaid, and upon which taxes have been
collected now fully appear upon the personal
prof. erty assesSment-roil OF the city and county
of san francisco for the fiscal year I89I-92
now In the possession OF the Auditor Of The city
and county OF San Francisco, and to which refer
ence Is hereby made. Then follow pages upon
which changes were noted and changes as given
ahove.l
u Wherefore, The said Grand Jury pray that the
said John II. burst may be required 10 answer
This accusation, and that upon his conviction Of
the wiliul and corruIt misconduct In office here
inbefOre charged agalnf him Judgment may be
pronounced thar tie said John Ii. burst be re-
moved from his office as attorney and counselor
in and for The said city and county OF San Fran
BARCLAY HENLEY,
Foreman OF the Grand jury OF the CITY aud
county OF san Francisco
SERVICE OF ACCUSATION.
District Attorney Barnes said that at 10
o'clock this morning he would personally
serve upon burst copy of the accusation,
with notice to appear and answer within
ten days. IL this novel proceeding be has
TO assume both the functions of the court
and the County Clerk. After serving the
notice Mr.. Barnes will file the accusation
with the County Clerk.
The defense OF Mr.. burst has already
been published. In short, it is that in con-
senting to the reduction OF assessments he
has merely followed a precedent estab-
lished by his predecessors in Office for ten
years.
Police Court Officials.
During the afternoon session of the Grand
Jury DR.. j. A. C.. Roeder appeared and
made complaint against tie officials in
Police Court /. He recently tried to Sc
cnre warrant for the arrest of one Silver,
who was embezzling moneys collected in the
conntry. A warrant was refused because
DR.. Roeder had made no formal demand