The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-22
MisinfOrmatiOn as to the Cable
Road Bond Discussion
COURT OFFICIALS EXPLAIN
Opinion Filed Early but the Fact Was
Kept Quiet
Evening Papers Get No Intelligence of 1t and
the forming Journals Were Led Into
Error by a Court Deputy

1t has been asoertained that it was in
the neighborhood of IL a. m. Saturday
when Secretary of the Supreme Court H.
G. Finkler filed the decision of the court
in the matter of the San Francisco Mark
ct Street Raj way bonds. At least this
was the statement made by Secretary
Finkler yesterday.
This being the case the intelligence Of
the filing and of the purport of the deci-
sion should have appeared in the evening
papers. 1t was filed in ample time for
the evening journals to have covered the
matter. But the news was not given to
the representatives of the evening papers.
When the reporters of the morning papers
called at about p. m. the deputy clerk
Ed s. Butterworth, stated that the decis-
ion was that the bonds were illegally is
sued. AS a matter of fact the court had
decided exactly to the contrary.
Deputy Clerk Buttcrw orth claims that
he did net state to the reporters that tn Q
court had decided that the bond issue
was illegal. He also asserts that he gave
them the correct purpor. of the decision.
If be did so it is indeed singular that
both reporters:s should nIisunderstand him.
1.-The reporter for one paper" said Mr..
Butterworth, wrote here in the Office a
statement as to the effect of the decision
and asked me to read it and see il it was
correct. 1 did so and it was all right.
He had the matter correctly written
out"
Yet the paper which that reporter rem
resented printed the intelligence Sunday
morning that the bond issue was illegal,
IN the face of the fact that Deputy Clerk
Butterworth says that its representative
wrote on: q statement in his office direct
ly to the contrary.
Supreme Court Clerk T. II. Ward said ::
d" am sure that of my knowledge no
endeavor was made to suppress the news
OF the decision and if | thought for q
moment that one of my deputies inten-
tionally misrepresented to the represent
atives of the press what the effect of it
was | would discharge him at ono. In
fact, am always ready TO extend every
courtesy TO the press.
After the decision was filed Saturday,
informed r. Y. Haynes and W. T.
Herrin attorneys for Mr.. Hellman and
for the Cable Railway company. by wire
as to what the decision was. Later gen
teman came to my office and wanted a
copy of the decision. l opened the en-
velope it had been sealed in preparatory
that he might be enabled to make his
copy. Who that party was | do not
know. l never saw him BEFORE
Secretary Finkler does not know who
placed the decision in his nds for filing.
1t was, as ne remsm bers, either Judge
Mcfarland. Judge HARRISON or Judge Ca
route. Thsy we're all in his office about
the same time, and one of Thorn passed
him the opinion.
Judge Henshaw did not know the opin-
ion had been filed Saturday until he was
informed by Herald reporter Sunday:
The judge stated yesterday that he had
read the opinion written by Commission
er Ssarles thirty days ago and had cor
Cured. Then it was passed along the
line, he said, to the other justices. After
it lett his hands he would know nothing
further concerning 1t until it was filed.
The decision has been expected to be
handed down at any time during the past
three months. 1t has been anxiousiy
awaited by hundreds OF stockholders and
prospective investors In the bonds of the
com pany, the validity of the issue of
which was at stake.
Deputy Clerk Ed S. Buttsrworth Sd ems
to regard the fact that the newspapers
were misinformed as to the decision as
a joke. Just where the comedy elem ent
enters into the proposition cannot be dis
cerned. He has heen intha clerks office
since Mr.. Ward, who, by the way, is per-
sonally acquainted with almost every
representative of the press IN Los An
geles, went into Office. He is not new
hand