The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-07
Mayor Sutro at Last Makes an
Amendment Which Is
Accepted.
ATTORNEY PRESTON SILENT.
1t VIII Be Considered by the Valley
Road To-Day-The Governor
Angry.


ley road will consider the instrument at
meeting to be held at o'clock this after
noon.
Mayor Sutro succeeded in having incor-
porated in the lease two amendments salts
factory to himself, and which met with no
opposition from his colleagues. In lieu of
the long documen he had introduced at
the last meeting, his Honor presented two
short amendments, which he thought en-
tirely covered the ground.
All day Sunday Mr.. Sutro was in con-
sultation with ex-Judge McKinstry and
Attorneys T. F. Barry, James Smith and
Taylor Rogers. The quartet OF lawyers
finally evolved the amendments. They
gave it as their judgment that the lease,
with their ideas as to transferring stock,
subletting, ETC., would be an absolute bar
rier against the absorption Of China Basin
terminal by the Southern Pacific or any
individual inimical to the interests of the
new road.
Attorney Preston of the Valley road was
the only one present at the meeting OF the
board yesterday representing that corpora
ton. He was silent observer of the pro-
ceedings and declared that he had nothing
further to say on the subject of amend
ments.
Governor Budd asked Mr.. Preston if the
amendments offered by Mayor Sutro were
acceptable to him, but the attorney would
not answer the question either In the
affirmative or negative. He asked the
board to give him an engrossed copy OF the
lease which they wished the company to
sign, and said that he would submit 1t at
the meeting of the board of directors this
afternoon. On motion of the Governor
the amendments of the Mayor were incor-
porated in the lease, and the instrument
as whole was declared to be the embodi-
ment of what the board desired to sign
with the Valley road. Mr.. Preston was
promised an engrossed copy this morning.
The board will meet again at 10 o'clock to-
morrow morning, when the lease may be
signed.
Harbor Commissioner Cole was not
present at the meeting. His absence was
explained by the death of his grand
daughter, Mrs. Howard Taylor.
After the minutes of the last meeting had
been read Governor Budd called attention
to a clause in the lease which read: sat
the option and election of the party of the
first part"
"a question might arise here, gentle
men" said he. "Who will be the party of
the second part? Do not the Mayor and
die officially when this lease is signed, and
are not legal complications apt to arise
SnOulQ an attempt Do Eldue W eulOTCt GQe
provisions of the lease?"
The matter was argued for some time,
and it was finally decided that the Mayor,
Governor and the Commissioners, or their
successors, would remain for all time the
''party of the second part"
This question being disposed of, the
Mayor then presented his amendments.
He moved to strike out that portion of the
lease referring to the forfeiture of the
terminal and insert the following:
1t is further agreed that the party of the Sec
ond part will not sublet any portion of the
premises hereby leased to any person or cor
poration except for restaurants. newsstands,
facilities for the public, and in furtherance of
the business of the said party of the second
part as q common carrier of persons and
freight.
1t is further agreed that if the party of the
second part shall enter into any combination,
arrangement, pool, trust or agreement with
any railroad corporation or individual! having
railroad terminal facilities upon or djacent to
the water front of the City OF San Francisco for
the purpose of preventing or limiting COMPETE
ton in the business OF carrying freight or pas
sengers, then this lease shall terminate, and
said demised premises, together with all the
Improvements thereon, shall revert to the State
of California.
"Will you agree to those amendments,
Mr.. Preston?" asked the Governor.
"We can't tell where we stand until we
get an .engrossed copy of the lease the
board wishes to sign, - returned the lawyer.
~ move that the amendments be ap-
proved" said the Mayor.
The motion was carried, and then the
Governor moved that it be declared the
sense of the board that the lease, as
amended, expressed what the board de-
sired to enter into with the Valley road.
1t was so declared.
II move that the lease be engrossed and
- l. f,,r,, bod fr,f hra
members of the board" said the Mayor.
The motion was carried.
Now it must be understood" said the
Governor, "that this is the lease as we de-
sire it. 1t is subject to a resolution from
the board of directors of the Valley road"
THAT resolution" put in Mayor Sutro,
cor a certified copy of it should be at
tached to the lease"
at will be incorporated in the lease, " re-
turned the Governor, land not only that,
but it will be written with the lease in the
minute-book in imperishable ink and
there signed by the directors. I'm afraid
of this type-writing ink You can't tell
what might happen to it in fifty years"
The lease, including the Mayors amend
ments, was then read for the purpose OF
correcting clerical errors, after which the
board adjourned until tomorrow morning
at 10 o'clock
81 am satisfied said Governor Budd
after the meeting, "that the interests of
the State are protected in every. way.
When such men as Judge McKinstry,
Thomas Barry, James Smith and Taylor
Rogers say that it is all right it is pretty
nearly sure to be so. On the other hand [
fail to find anything in the amendments
inimical to the interests of the Valley
road.
During the meeting the Office of the
Harbor Commissioners was overrun with
people who wanted to see the Governor
lust minute" Mr.. Budd was finally
compelled to refuse to see all callers.
1t takes as long to tell them that can't
see them" he said, with tinge of annoy
ance in his voice, "as to give an audience.
In the future | shall decline positively to
see any one while am at the office of the
Harbor Commissioners. l come here for
business and every moment of my time is
occupied. will be here for ten days and
L will gladly see any one and every one at
my rooms in the California Hotel"
WORK PROGRESSES FAST.