The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-13
SLOSS WINS HIS POINT,
A Motion for a Nonsuit in His
Case Against Wasserman
Granted.
JUDGE TROUT IS DIRECT
In an Opinion He Defends In a
Strong Manner the Purity
of Justice.

Judge Trout yesterday granted the nom
suit prayed for in the suit OF Wasserman
against Sloss. The court prefaced his de-
cision with an exhaustive review of the
evidence leading thereto. The opinion
contained the following:
In the case of Wasserman VS.. Sloss the de-
PENDANT has moved for nonsuit based VIZ
tually on two grounds He urges that the con-
tract set forth in the complaint contravenes
public policy and hence that plaintiff cannot
obtain relief. And he urges also that the evil
dence adduced on the part OF plaintiff is not
sufficient to enable the court to declare q trust
in any portion OF the property received from
plaintiff.
The plaintiff alleges substantially that in
May, 1888 he and the defendant were stock
holders of the Alaska Commercial Company,
and that two certain leases one of which mad
been issued 10 the company by the United
States and the other by Russia, comforting GER
tain privileges in relation to seal-fshing. were
about to expire; and that defendant then said
TO plaintiff that in order to renew said leases
or either of them it would be necessary for de-
PENDANT to be in such a position as TO enable
him to interest certain persons high in au-
thority and influence in the respective under
takings and with the respective Governments;
that all of the members of said company should
be willing to make some sacrifices to that end /,
and that it would be indispensable for defend
ant to leave a certain amount of stock OF the
old company at his disposal, to be used by him
IN and about the procuring of the said new
leases, and that said negotiations could not be
successfully conducted by defendant unless he
had the said shares of stock at his disposal to
be used in the aforesaid manner.
The decision then recited the facts that
Wasserman had transferred 400 shares of
the capital stock of the company, and ulti-
mately sold them at $50 share to enable
Sloss to succeed in obtaining the new
leases. The decision then continues:
At all times, and especially in these days
when charges of bribery and corrupt conduct
are made fiippantly or seriously msliciously
or conscientiously, on the streets or in the pub
lie press, 1t becomes court OF justice to view
with distrust and carefully to construe any
contract that aims TO secure the aid of persons
who are supposed to have personal influence
with public officers. Contracts contemplating
the use OF secret influences with public officers
or calculated TO induce the use OF such infiu-
ence, or tending to introduce improper per-
sonal solicitation or influence as elements in
the procurement Of contracts from public Off
GERS are held to be illegal and void as against
public policy.
1t has been said that the foundation of re-
public is the virtue of its citizens They are at
once sovereigns and subjects. AS the founda-
ton is undermined The structure is weakened
The theory OF our Government is that all pub
lie stations are trusts, and that those clothed
with them are to be animal ted in the discharge
of their duties solely by considerations of right,
justice and the public good. But there is q
correlatiye duty resting upon the citizen. In
his intercourse with those in authority, whether
executive or legislative, touching the per-
Torrance of their functions he is bound to ex-
hibit trust, frankness and integrity. ANY
departure from the lines OF recutude in such
cases is not only bad in morals, but involves Il
public wrong.
The opinion of Mr.. Justice Field was
quoted to the effect that the courts refuse
recognition to agreements against public
policy; also the famous decision in the
case of Oscanyan VS.. The Winchester Re-
peating Arms Company, and similar de-
cisions TO the same effect. The decision
concludes:
From the evidence submitted in behalf of the
plaintiff in this action it clearly appears to the
court that in May, 1888. when plaintiff became
a party to the alleged contract, he was an in
telligent and shrewd man, we'll acquainted
with the ways of the world and thoroughly
conversant with the affairs of the Alaska Com
mercial Company, and in constituting the afore-
said contract in the light of the authorities
cited, the court feels satisfied that it is tainted
with moral turpitude, and that the plaintiff.
in the eye OF the law, contem plated such an
improper use of the stock which he transferred
to defendant as would tend to contravene good
morals and public policy.
He who comes into a court of equity must
come with clean hands
The motion for nonsuit is granted.
The attorneys for the plaintiff declare
that this is only First blood" for the de-
fendant, as the case will be carried further.