San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-06-07
& A. P. railway. That prior
to this appointment he was


interest in the jetties at thar time.
I acquired an interest in the jeity con-
tract December 10. / purchased an
interest. The contract was one We
figured on Tor long period as to the
desirability as to q transportation
contract. / knew the contract TO be
desirable one. Our people, the
committee, have been DESTROYS TO Sc.
cure the contract tor the company.
So was /, and also for the company.
We had reason to know that lao
pound stone could be found
on our line. We learned after we
didn't have it. In October or
November contractors found of the
millions of stone required could not
find the kind OF stone in the state.
They began efforts for q modification
of the stone. The government sent
out engineers to visit all convenient
quarries to investigate whether 140-
pound stone per cubic foot could be
found in the state and report to the
war department..
Newton and witness here had tilt
and Yoakum said he would testify in
his own way.
These engineers visited all the
quarries and reported they were un-
able to find the right stone, except ON
the Santa Fe. This was in October
or Novem Der, 1891. The quantity there
was insufficient. They reported
favorably on reduction from l40 to
100 pounds per cubic loot. The con-
tractors offered the government 3
concession OF So IS. instead of 81 As.
This modification was allowed Feb.
1900 Gfona nm tho A D EpnUn
as the Muldoon Quarries, will not
come up to the l40 pound specifica-
ton. This could not be had in the
state. At the time L bought there was
little feeling among the contractors
II was to give Lang $4,000 for his
Interest and refund to him his pro-
portionate expense for machinery. /
had invested S23, 900 or S24 600, at
the time the contract was abrogated.
They estimated the stone to be de-
/ 900, 600 tons of stone.
Denman asked who the lawyers on
the other side represent.
Newton said he represented the
creditors of the road and not particu-
larly Mr.. Mcnamara. Now, who do
they represent?
Oguou- we IcpIcecut Mf' L va
kum.n
Col. Wright-'I represent Mr.. Mac.
namara Put me down that way.
And further some creditors, Wright,
Thornton & Co., who are in it to some
SIS, 900 or SO.
Ogden When we asked the ques-
ton we wanted the court to know
who they represented for the informa-
ton of the court.
Fleming-The testimony under the
rules of evidence are the best, butt
don't know as shall strictly follow
this plan In this matter.
Denman-What was the amount of
stone to be placed there?
Yoakum-It called for 1000, GOO
tons of common stone and l-2 million
tons. of granite. The impression was
that this would be increased
rather than diminished as the govern
ment might see fit 1t will increase
1t ten per cent for material. They
were to get 81 40 per ton for the stone.
The profit TO the contractor at that
time at cost of 81 AZ l.2. was small.
/ did not figure the cost OF rejected
stone. The wharf company and
others bought this for filling in on the
water front. There Was a risk of loss
on the contract. 1t depended on the
weather There is no chance of work
while tue high tide prevailed. held
the contract until about the 10Th of
last month. had notice of the party
not making good his contract. l had
no recon- rse except on him received
a notice from Lang that he desired to
be reinstated in the contract, told
him he could have il back. He paid
me back what mad paid in. We had
an agreement that / should not be
known in the contract. / was
advised by attorneys that gov
ernmental prohibitory clause would
prevent me from being known
ia it for while yet. 1t was I'M
derstOod between ourselves. The
reason the contract should be arrived
on that way was that any transfer of
interest was prohibited by law. That
was the reason. My inten ton was to
have my name substituted for that of
Lang later. / Kept my agreement not
to lee il be known that / had bought
the interest of Lang. A few days
after the freight contract was made.
Macnamara stated that he unders TODD
! had all interest In the jetty contract.
did not answer him. The first dis
cussion with Judge King was 80
days or 6 weeks ago. He sent me
word that he wanted to see me. met
him at the club. He said he would
have been glad while Mynders and
Swenson were here, if 8 conference
of them, The receivers and Mr..
Aubrey conld have been had. My
inter e. I in the jetty contract, said.
wss why certain parties did not
wish 10 carry out the con-
trsct. This was fully 80 days