The morning call., 1893-08-12
HE IS WORN OUT.
Mr.. Carpenter Weary of the Railroad
Rack

Horace w. Carpenter has grown tired
of posing as an embodied historical ency-
clopedla for the benefit of Attorney Har-
vey Brown of the Southern Pacific. and
during the noon hour yesterday. while
MIR. Brown was proceeding quite delber-
ately with the introduction of certified
copies of ordinances passed by Oakland 5
old Town Council, accompanied by copies
also of the minutes of the astonishingy
rapid proceedings by which the ordinances
were hurried through. Mr.. Carpenter
protested.
Since Tuesday he has been quiescently
at the service of the nQuistor named. so
he broke the mOnotonous tedium by saying !:
Il must and do decline to be used any
further to identity and explain the records
Of the Oakland Waterfront Company.
There is such vast amount of papers
which can be easily identified by num-
her of other persons just as well. This
matter is very great strain upon an old
man who is far from we'll and who has no
relation with them now. If counsel Will
select certain papers for me l will try to
Identify them, bat must decline to iden-
tify SO vast number.
What provoked this 0utburst was a
query of Mr.. Brown as TO the iden tificatiOn
OF The indenture of March 81, 1868. by
which Mr.. Carpenter had conveyed the
water front of Oakland to the waterfront
company. The instrument excepted from
the transaction the portion between WASH
ington and franklin streets. extending
Southerly to line parallel with First
street and 200 feet south from the
wharf. He did consent TO identify that
document. however.
Just before adjournment M. CarpentIer
signified his indisposition again. He was
not looking any too we'll yesterday. and
Mr. Brown alphabetically alluded to his
appa ent condition. The subject of when
to adjourn to was considered, and it was
then almost O'clock.
81 do not want to be called again today"
said Mr. Carpenter. This examination
requires an enormous effort of mind and
memory to recall vast amount of facts
for the past forty years, most of which had
thoroughly passed from my memory. II
anybody does not believeit let them try
it,"
According to the certified copies of the
minutes of the Council proc ceilings on
April l and .. 1868. Councilmen Moody,
Barstow, Miller, Hobart. Wilcox and
Campbell! and President Pendleton must
have rushed the two ordinances passed on
those days respectively through in mar
velous manner. These minutes and the
ordinances we're received In evidence by
Examiner HeacJck.
The ordinance of April l was one to
abandon all cause OF controversy concern
ing the title to the water front. and it was
introduced by Mr.. Moody and passed the
same day. That of April met similar
fortune upon Mr.. Campbell'S introduction.
1t amended the one passed the day before
in respect to the time within which Mr..
Carpenter was TO build his wharves. The
record of the same day shows that Mayor
Samuel Merritt was designated to act as a
trustee of the waterfront company, and
that City Attorney John B. FELTON, con-
scented to address the citizens OF Oakland
on the Saturday following In relation to
waterfront matters. Both the ordinances
received unanimous votes.
Mr.. Brown also put in as evidence dur
ing the session certain sections of the Oak
land charter of March, 1852 and number
nf acts of the Legislature. including the
Compromise act" of March 81, 1863 This
compromise act" was one to empower
Oakland to confirm its transfer of the
water front to Mr.. Carpenter
| Mr.. Brown asked. after he read the act
respecting the railroad negotiations, what
| Mr.. CarpeE tier meant in statement to
the effect that "all hands" had gone TO
Sacramento to get the bill through the
| Legislature.
Il don't think that said all hands
went to Sacramento, but that the Mayor of
! Oakland, DR.. Merritt, and John B. FELTON,.
the City Attorney. were in Sacramento to
secure The passage of an act. John Il.
Hobart was also there. He was member
of the City Council. l do not remem her
whether or n OF he was at that time Presi-
dent of the Council. Mr.. Moody was also
there. and l believe Fred NJ. Campbell. 1t
is my impression that all the Councl,nen
were there. The act was the one just
read"
A document was offered just previous to
adj0urning showing that an ordinance had
been passed approving Carpenters wharf
at G street. and also approving the school,
house built BY him. The same measure
allowed him to build wharf at Castro
street instead of at the foot of either D or
| E streets.
1t was decided to adjourn until II A. M.
next Tuesday.