The San Francisco call., 1896-01-21
w. w. Foote Aids in the Relay
Reading of the Big Pat
tison Report.
HOW HOPKINS BOXED BOOKS.
Ex-Judge Hayne Objects to Fillibus.
tering in the Railroad In
junction Case.

Ihe reading OF the testimony IN the rail-
roads injunction suit against the Railroad
Commissioners proceeded more rapidly
yesterday before Judge McKenna than it
has since it began over week ago.
There were no new developments, how
ever, of more than passing interest, the
testimony being merely cumulative and
on the line of the late Senator Stanford S
evidence to the effect that it cost more
than double the money to build the Cen
tral Pacific road that it should have, and
that the large expense was entirely due to
the fact that the road was built in great
hurry, and that almost insurmountable
obstacles had to be encountered.
The task OF reading the testimony yester-
day devolved on ex-Judge Hayne, w. W.
Foote and Assistant Attorney Anderson.
They all read very rapidly, to the evident
satisfaction of Judge McKenna, who is
anxious to get all the evidence in as soon
as possible.
w hen court opened in the morning ex-
Judge Hayne said he had carefully consid-
cred what could be done as to the reading
OF the Pattlson report and If any part
were eliminated that very part might be-
come material to the argument. 1t could
not affect the corporation to permit the en-
tire testimony to be considered as read
and II II was lmmaterial it could not hurt
them.
But, the court should remember" Mr.
Hayne added, that the Railroad CommIs-
sloners were tied up and the railroad COM
pany was willing to tritter away the time
OF the court in this tedious reading"
he asked the court in view OF the fact
that the Commissionerslwer tied up, to
compel the counsel for the railroad COM
pany TO facilitate the hearing or to dissolve
the Injunction. Ii the injunction were
dissolved, the commissioners were willing
10 60 at any pace or length. He had no
desire to offend his friends on the other
side, but such fillibustering as they in
dulged in should not be allowed to go on
Attorney Herrin disclaimed any filibus-
tering. He said the gentlemen who ap-
peared for the Commissioners had inn
ptored the court TO hear them patiently.
1t seemed to him unwise to wade through
lot OF the testimony which had no bear
ing on the issues, when they might have
got their pleadings up, proceeded to the
taking OF testimony and had final decree
almost as soon as they now would have a
decision in the matter of the preliminary
injunction. He was quite willing to have
put IN what was material and relevant on
both sides, and an adjournment could be
taken Tor the purpose OF the counsel going
through all the testimony.
Attorney Hayne contended that if the
railroad company had not that restraining
order 1t would not be so anxious to read
all the testimony, and he called on the
court TO stop it.
Judge McKenna remarked that he had
but one function, and that was to listen.
he then intimated that he would not ad-
Journ the case, but would go straight
through with it to the end, and If neces-
sary he would get another Judge to sit in
the Court of r1raaelc f9r IA i'm, IL r,,Ig
feel disposed to arbitrarily exercise his
power IN regard to the reading against
either side. However, he suggested that
counsel desist from hereafter reading fip-
ures, tables or repetitions.
The testimony of f. S. Douty, either
president or secretary of nearly all the col
lateral branches of the Central Pacific
was taken up several times during the dav.
He stated how the Western Development
Company and the Pacific improvement nj
Company, although officered by the four
stalwart people of the Central Pacific Com.
pany, had never been operated with the
funds OF the latter institution. The funds
OF these two construction companies were
from the individual pockets of Hunting
ton, Crocker, Hopkins and Stanford.
In answer to Commissioner Anderson IS
inquiry as TO whether Mr. Douty would
produce the books of the different branch
organizations OF which he was secretary OF
D4GS4AGnL 81 tudb l4tAT ISldLlOIS WlL0 the
Central Pacific Company might be inves-
tigated, that gentleman asked to be per-
mitted to consult with his attorney, and
subsequently, he refused 20 permit the
books or papers TO be examined.
Daniel u. Yost, for years the secretary
for Governor Stanford, testified before the
committee that in 1873, at Sacramento. he
saw Mark Hopkins personally boxing VI
and mailing or screwing down the top OF
boxes filled with the books and papers of the
Contract and Finance Company. This was
the last seen of these desirable documents
Mr.. Yost thought they were being boxed
up for the purpose of taking them 10 the
San Francisco office of the railroad. Sub
sequently he learned that they were lost.
Some extracts of the testimony given bv
Senator Stanford were read, to the effect
that up to 1871 he was under the firm be-
lief that the Central Pacific would be able
10 liquidate Its Indebtedness to the United
States Government. But the passage OF
the Thurman act, which took the sinking
fund out OF the company's hands, and the
granting OF facilities to the competing and
parallel roads had proven disastrous. The
Central Pacific, he said, expected to be
paid the same freight the Government was
In the habit Of paying mule trains. but, in.
stead of that, only one-eighth that figure
was received.
In relation to the building of the road at
heavy expense, the Senator stated that
when Congress gave the permission for the
Union Pacific and Central Pacific roads 10
be built everything had TO be rushed II
the Central Pacific had taken all the time
allowed 1t by the Government the Union
Pacific would have outrun it in the race
for mileage and would have been built
clear from Council Bluffs to the California
line.
The case Will be resumed this morning.