The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-27
A HOUSE DIVIDED.
Whether to Defy or Evade
Ostrom's Act.
PRISON DIRECTORS DIFFER
A Long and Stormy Session About
Selling the Output of the
JutemiiI.

Just why the State Board of Prison Di-
rectOrs met behind closed doors yesterday
morning was not apparent. Chairman
DePue summoned his associates to meet in
his office to decide upon course OF action
IN view of Attorney General Harris opin-
Ion that the Ostrom act is unconstitutional.
The meeting was long aud stormy, which
might account for the session being execu-
tive. The board was equally divided upon
every proposition advanced. The directors
present were DePue, Sonntag, Neff and
Hayes. 1t finally became evident that no
decision could be reached. so the board
adjourned for a week Director DeYlin,
VINO was absent yesterday, will then be
present. Hayes left last evening for
two months trip to the East, so that unless
Devlin's views are disSimilar from Hayes
opinions, the board will still be unable to
secure decisive action.
Chairman DePue argued that the OstrOm
act was still the law. Acknowledgement
Harris opinion" he claimed, sound
though IL may be, is, after all, merely an
opinion that the legislative enactment is
unconstitutional The law still remains
in force until set aside by a Supreme
Court decision, and its provisions still
bind the board"
From this argument Director Sonntag
dissented. He maintained that the Os-
from act is imperative by reason Of its evil
dent unconstltutionality. and that the
Prison Directors are justified in acting as
II il had never been adopted. In other
words, they are governed by the statute
existing prior to the creation of Senator
Ostrom's measure.
Sonntag SAID that it was impracticabie
to defer action until Supreme Court de-
cisiOn is rendered. That tribunal would
not consider the matter until test case
was made and submitted. There would
be more or less delay, and in the mean
time the season for selling sacks would
have passed and the board would be lett
with a large stock on hand and would be
obliged to carry them until next season.
Director Hayes agreed with DePue and
NeH sided with SOnntag. The question
was raised under the OStrom act how
Warden Hale had sold 1876, 900 sacks to
three San Francisco firms. The houses re-
1erred TO were Slnshelmer Bros, Eppingpr
q Co. and Anspacher Bros. The warden
had stated that these firms were given
sacks upon the production of afidaylts
from farmers stating that the bags were
for their individual use, accompanied bv
request from each farmer that the sacks
should be shipped in care OF the San Fran
cisco firm, which paid the entire bill.
i insist that We do rot play into the
hands oil the baCmen's ring in this city,"
said Sonntag. Under the third section of
the OSlrum act, farmer or any other
when he files an affidavit that they are for
his personal use. That might mean that
he would use them to speculate with, or he
could iii them with hay and sell them TO
bag hrm. 1t would be very easy mat
Ter Tor nrmS In the ring to secure atfidaVitS
from farmers, asking for large plumbers of
sacks. Under the OStrOm act spectators
could operate TO fine advantage, at the eX-
pense of the farmers, who haven't the
m9Tey 10 buy them direct We sell bags
faRt a. -
Calcutta bags will cost importers G. %
hast, so if The bagmeE can work farm
.rs as purchasing agents they will do much
peter than by importing"
1.-The str ngency in the bag market is re-
liayed," replied DePue. 1.-The ships Har-
land and Celtic Chief arrived last night
with 10000 Calcuttas. The immediate
demand will be supplied by their sale and
the city firms will not require to resort to
the subterfuge of making the farmer
catspaw to buy bags from San Quentin to
speculate with"
Netf said he was informed all the sacks
in the cargos of the two ships had been
sold long before their arrival, so that there
was now just the same demand as there
had been from farmers who require bags
for immediate use. He said there are now
on hand at San Quentin $4,000 worth OF
SACKS. That represents so much capital
locked up. The bags are unin sured. so
that the State IS taking big chances, while
me FARMERS all through the SIaLe want
sacks and want them badly.
Some rather heated talk about bag rings
and the policy of the board folio wed. Then
Sonntag ccntended that, under what he
termed the anti-Ostrom system, the drec-
tors could use their discretion in selling
sacks to oranges, branches of the Farmers
Alliance, or even to country warehouse
men who advanced money for the
growers. They were not sold, directly or
indirectly. to city firms, and the sacks
could be traced and located. the directors
always being assured that they were not
playing into the hands of spectators
With cramped, mandatory law the
directors would be poweress to save
farmers from the ring.
The prolonged debate failed e, settle the
question whether or not tb1 Ostrom act
should be defied. The directors will give
a week thought as TO which will be the
wiser course-to evade or to ignore the
Yuba Senator's pet enactment.
To FL Gamma