The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-19
BROWNS PLEA.
Argument in Favor Of the Post
office Site.
Charges That the Opponents RtSOtGd 10
Unfair Means Against The Scheme.
Why the Sale Should Be ClOSed-HarYey
Liable 10 Lose On HiS Bargain.
Railroad Facilities.
Special to THE MoRNrNs CALL

Special to THE MoRNrNs CALL
WASHINGTON, Feb. 18.-Ex-Judge Har-
yey S. Brown has served the San Francisco
Post office Commission with a notice of the
action of the San Francisco Supervisors in
releasing the end of Jessie street
Following is a copy Of the argument filed
with the commission by Mr.. Brown. and
which was considered at the recent meeting
at the Treasury Department. 1t was fur
/ nlshed the correspondent by Assistant Sec
retary CrOunse:
Hon. ~ H. H. Muller Attornev- General; Hon.
Chdrtes Foster, Secretary of the Treasury; Hon.
JotH Udhdmdkcr, " POSTMASTER Generdt-GEN-
TLEMEN: A number OF months since my client
| l.. u Harvey, made proposition 10 sell to the
Government a tract OF land IN San Francisco as
public building site for 81 ,O40,O 600, The pur-
chase was recommended by the Commissioners
appointed 10 select the site, etc, for that Dur
pose, ana was by yon accepted In behalf of the
Government. BY the terms of the contract Mr..
harvey was, within reasonable time, 10 furnish
Ute 10 said property. Upon The publication OF
me acceptance 10 san Francisco, certain persons
VINO had hoped 10 sell another location made
furious onslaught on this location aud published
and no doubt Orwarded 10 you most abominable
ana malicious falsehOOds, not only as 10 tne char
acier OF The site, but as TO the motives Of the
ioeai commissioners IN recommending tile pur-
IbdSc vi iHt same. IL was, among Oiuer LnluHS,
charged mat The site was In a swamp, when
eYerv old resident OF San Francisco who had
passed by the location before 1t was graded
KNOWS as | know, that instead OF being swamp
II was sand hill
CHARGES AGAINST THE OPPONENTS.
Finding that by the evidence OF many reliable
gentlemen the swamp falsehOOd had been
plOded, they then charged by an innuendo that
the Commissioners (whO, by The way, are three
as responsible and intelligent gentlemen as any
10 the state, with imbeclliIy or corruption.
FINDING that these charges could not be sus-
Iained, they then endeaYored 10 get some one of
the parties who had bonded his property 10 Mr..
Harvey 10 commit felony by conveying his Ot TO
them Tor $4,000 or $4,000 more than Harvey was
10 pay Tor the same. Section 633 Of the Penal
Code OF the STATE provides as follows: Every
person wh0 after once selling barter
iug or dispOsing OF any tract OF land or
town lot, OF after executing any bond or agree
lnent for The sale Of any land or town lot, again
wilituIly aud with intent 10 defraud the previous
OF subsequent purchasers, sells, barters OF dis
poses Oh the same tracI OF land or town lot, or
any part thereof, or wifully aud with intent 10
delIaud the previous or subsequent purchasers
executes any bond or agreement to sell. barter
or dispose or the same land or lot or any part
thereOt 10 any Other person for valuable cOuSld-
eratiOn, IS punishable by Imprisonment in the
years"
In order TO secure the deed they offered to give
bOnd 10 protect the party against any criminal
prosecution. Failing in their criminal designs,
they went 10 parties WHO had bonded their prop
erty and tried by all Tue means in their power to
COrdance With the Terms OF their contracts, and
did succeed In inducing Two OF The parties for
period OF more than Que month from perform
ing their contracts, which caused MI. Harvey
much trouble ana expense IN preparing for
legal contest with Tie defaulting parties. Mr..
Harvey has been al great trouble and expense In
perfectiRg titles ana complying with the rules OF
the department OF justice, aud has executed a
deed for the property, aud he now most respect
fully asks for The tulnllment OF his contract on
the part OF the Cove nment. as a number OF his
contracts VIII fu,Iy mature. and unless the
money is pald he viii suffer great loss and Will
De IN eminent Danger OF being financially ruined.
! cannot believe that you, gentlemen will
hesitate 10 close this transaction aud do a sim.
pie act OF justice TO worthy citizen, or that bv
delay premium shall be placed upon falsehOOd
and crime. II Mr.. Harvey had not been the
honorable aud upright citizen that he is he
would nave accepted cash offer made to him
by persons interested in rival site, aud would
not have expended The time aud trouble, and in.
CURED ihe expenses and liabilities that he has
done 10 carry out his contract with the Govern
ment.
ADVANTAGES CLAIMED
AS have been In business in San Francisco
for nearly forty three years and am familiar
with its q OWtb, most unhesitaIngy give il as
my opinion thai no site cf this size can be found
In San Francisco that can be purchased for his
price which would accommodate The people as
well as this one. II Is situated on Mission and
Seventh streets, each being elgbty-twO feet iu
wdh. IL IS within 200 feet Of Market street. the
greatest thotoughlaIe OF The city. A horse rail-
ROAD (whch Is about 10 be changed into cable
toadl commences at the waterfront, or the ferry
ldbding, aud extends along Mission street. A dis
tance of nearly four miles through the heavy
manufacturing portion of the city, and the re-
mslnder OF lhe distance through a dense resi-.
dence portion This road, 1t Will be observed
passes directly In front or the pOstoflice site
The great Marketstreet cable railroad system,
with its five lines OF cars, tO-Wit, the Valencia
Castro, Hayes, Haght and McA lister lines con-
mences at tie ferries and runs on the streefs
named from three and half TO four miles each
through the heavy business portion OF the citv
and immediately passes the Burlington, Grand,
Iu Lon nj 4frarfra IIpfaI
10 the Cny Hall, tho Supreme Court and twelve
Superior Courts and Mechanics Pavilion, where
all the great gatherings OF The people are held,
and passes with 200 feet OF .he pOsiOffice site
within the same distance Of the Lick House.
within one block OF the Occidental Hotel and
within Two blocks OF the Russ House. The ho-
tells herein named are the principal hotels IN the
city.
ADDITIONAL FACILITIES
The Geary street Cable Railroad extends from
Market street 10 the park. ana by the transfer
OF tickets passengers can be taken by the Mar
ket-stfeet system 10 within 700 feet OF the site
The Su,tel-SlIert Gable Railroad extends from
the ierlles 10 the cemetery, distance OF about
tntee ana halI miles, and has cross road from
the northern portion of the town across Mission
street, whereby by transfer the passenger is
taken directly to said slie. The Turk auu Sixth.
street Railroad extends from tie cemeteries TO
Market street ana along Sixth street to South
Beach, and by transfer at Mission street pas
SenseTs are taken directly 10 said site; the Fer
lies ana lhe Gay street cable system com
mences ar the ferries, aud by Clay Washington
ana jackson streets extends to the cemeteries.
and by cross roads extends from North Beach To
Market street, whereby by a transfer 10 the Mar.
ket-StIeet cars passengers are taken within 200
feet OF said site. The North Beach and Mission
Railroad extends across the town from North TO
South Beach, with line fom the ferries via
Folsom street, a distance OF about four
miles, through q dense population and also
line from the ferries via Call.
tornia street TO Kearny and thence
10 and along Market street to Eighth.
by transfers passengers on either of
these lines can be taken 10 within 200 feet from
said Site The Omnibus Street Railroad extends
down Dy Montgomery and other streets from
North TO South Beach, with alne from the fer
Tles along Howard street, about four miles, and
line from Market along Post TO Jones street,
ana thence TO within 500 feet Of said site. The
Howard.street line passes within 500 feet Of said
site, ana by system OF transfer any passenger
on any or The lines OF said road eau be taken
within that distance OF said site
III the location Of this public building Is in
tended TO accommodate people, or the greater
nulnber OF tile people, IL Is easy to be seen and 10
can be demonstrated, that no site could be Sc
lected that would accommodate so many people
as this, as nlnety-nlne one e-hundredths of me
people can, f0s n single fare of 3 cents 20 from
any part OF the city TO the Post0ffice aud return
Tor the same fare.
say thls much In justification of the selection
ali the officials who participated In such selec-
ton. am your obedlenL servant,
II. S. BROWN,
Attorney for l.. q. Harvey.
The argument of Brown is given so that
the opponents of the site may know how to
refute them, if possible, before Secretary
Foster and the other members Of the conf
mission.