The herald., 1895-10-21
BONDS HELD T0 Be VALID
Important Decision by the
Supreme Court
THE Street RAILWAY SECURITIES
An Opinion That Was Mailed
as S0ou as Filed
WRONG INFORMATION GIVEN
Some One in the Clerks Office Who
Made a Mistake
Case That Involved a Large Amour
Of Money
I. W. HeIIman Extensively Interested In the
nattcr-The Points in the Suit.
Difficulty in Obtaining
the News
An Opinion That Was Mailed
as SOOu as Filed
WRONG INFORMATION GIVEN
Some One in the Clerks Office Who
Made Mistake
A Case That Involved Large Amour
OF Money

The bond issue of the Consolidated
Market Street Gable railway of San Fran
CISCO, has been decided by the supreme
court to be legal. An opinion to that
effect was handed down on Saturday in
this city.
The opinion was written by Commits
sioGer Searles. 1t affirmed the Judgment
previously rendered by the superior
court of San Francisco. 1t was concurred
IN by justices Mcfarland, Van Fleet,
Henshaw and Garoutte. Chief Justice
Beatty and Justice Harrison as to the
judgment. The case was one that cx-
cItec great interest. Its title was the
Consolidated Marx kst Street Gable Rail-
way company vs.. I. W. Hallman ct al.
The defendant had contracted to take ST..
00O,0 900 worth of the bonds of the corpora
tion, provided the issue was decided to
be legal one. The suit originally
brought in this lower court was ostensibly
to compel the defendants to take the
bonds, but really it's only purpose was to
establish the fact that the bond issue
was legal one.
The defendants alleged that the act
the consolidation of a number of street
railroad companies in San Francisco was
effected was unconstitutional, and that
the procedure adopted in issuing the
bonds was not according to law. The
lower court gave judgment for the plain
affirmed that dcision, so the bonds are
legal
Connected with the filing of this decis-
ion are a number OF rather Unusual facts
that go to make up an interesting story.
Saturday tue decision was file. in the
offics OF the CLERK of the supreme court in
this city. Without any delay it was put
in the mail and forwarded to San Fran
cisco. No copy of it was kept for filing
here, as Is the custom. But hsre is the
singular thing: Deputy Clerk Butter
worth gave out the information to the
local press that the decision reversed the
lower court and declared that the bond
issue was illegal.
There was no WY of verifying this
statement, for The decision itself had been
hustled into the mails prior to the de-
parture of the north. bound train. Any
way. an officer of the court had given the
statement out that the judges had decid-
ell that the bond issue was not legal, and
his statement was therefore considered to
be official and reliable.
But it seems that the deputy clerk re-
versed the proposition. The bonds were
gave was exactly to the contrary. The
result was that both the Los Angeles
morning papers yesterday printed what
Deputy Clerk Butterworth gave to their
representatives. 1t seems that the depu-
ty erred-e either Intentionally or through
Carelessness.
Justice Mcfarland stated last evening
taht Justice Henahaw had concurred in
the opinion. Yesterday morning Justice
Eenshaw, when seen at the Westminster,
STAGED chat he did not know that the
opinion had been handed down. In fact,
qured. he said. of Chief Justice Beatty
bout the decision after he had read in
e m forming paper of the fact that
[ ,cision. had been given and the chief
justice had replied that he was as igno-
rant of the matter as Judge Henshaw
was him self.
Chief Justice Beatty, when interviewed,
did not know about the decision and was
not aware of the fact that it had been
filed and sent to San Francisco.
But Justice Mcfarland knew all about
1t. He was seen last evening at the Ma
deau and remarked on the fact that the
papers had misstated the purport of the
decision. He knew all about the fact
that it had been filed and who the con.
curing justices were.
Chief Deputy Clerk of the Court Wood
bury was very anxious yesterday after
noon tnaJ tHo mlstnKe maze ny the
morning papers in announcing the effect
OF the decision of the court should be
correc.ed.
All efforts to find the gentleman by re-
porters Saturday night were fruitIess.
But after the misintormation given by his
subordinate hao gone ont Mr.. Wood bury
was very anxious to have the correct in
formati, IN as to the purport of the decs-
ion printed.
But what has not yet been explained is
why that dcision was hurriedly put into
the mail as soon as it was filed, without
copy. being retained for the clerks
offlce OF the supreme court in this city.
There was no necessity for any great
haste, even II no copy of the decision
was made. The train did not leave until
S:lO p. m. and the opinion was posted
before the reporters for the morning press
had an opportunity to secure such infor-
nation as they desired from it,
SAN FRANCISCO, Oct. 2O.-The de-
cisiun of the supreme court sustaining the
validity OF the $17, 500 100 issue OF bonds
of the Market street Railway company in
the suit OF that company against l. W.
Hellman to compel him to accept 81. OOO,
900 worth of bonds as contracted for, is
an unusually long one, covering twent,-
nine type written sheets. 1t overturns
avery point raised in objection to the
bonds and to the Legality OF the corpora
tion itself. The decision reaches out to
cases WHICH have not yet been submitted
TO the court, it is asserted, and over
throws the points raised by George Whit.
tell of the Luning estate in his suits
against the Market-street company.
The decision opens with brief account
Of the suit. 1t was an agreed case, which
was decided in the trial court by Judge
Wallace in favor OF the Market-street
company. and was then appealed by He'll
man and his associates. Hellman and
other financiers contracted with the Mar
Set-stIeet compnay to take 81, 900, 900