The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-06-02

the application to remove Siebe from
Office on account of alleged underassess-
mem. This was the first proceeding
brought before Judge Wallace
Mr.. Pillsoury commended that the allega-
ton that the Assessor had willfully
neglected to assess the property of the
Market-street Railway Conn any at its
real cash value implied crime and that
the matter could not be prosecuted save
under an indictment by a Grand Jury.
Justice Beatty asked Mr.. CIunie whether
a Superior Judge had right TO bring the
Assessor before him because the Judge
thought that the Assessors discretion was
at fault or did not tally with his own. Mr..
Clunie said that he did not think so.
The court finally took the matter under
advisement.
Owing TO the proceedings II the Supreme
Court Judge Wallace adjourned until
. P. NJ, at which time large crowd was in
attendance, expecting to see the Judge
with an air of offended magisterial dignity
Alvinza Hayward, Charles G.. Lathrop
and J. L. Wilcutt FOR contempt.
Thomas l. Bergin and District Attorney
Barnes were also present, and appeared to
be very much interested in tbs proceed
ings
Mr.. Clunie read an affidavit stating the
facts connected with the alleged contempt
on the part of the persons named as direc-
tors of the Market-street Railway Company
for having ordered Auditor Thomas 10 dis
obey the order of court.
Attorney McEnerney read authorities to
show that the president and other officials
of a corporation could not take the books
out of the Office without violating the law,
which provides that the books must re-
main in the Office OF the corporation. An
other point was that the books were not
pertinent to the issue. Clunie asked
whether McEnerney pleaded that the books
might show whether a felony had been
committed by Siebe, and whether he based
his refusal on that ground. McEnerney
replied that such was not the fact. Mr..
ClunIe argued that the testimony showed
that Secretary Willcutt had the possession
and control of the books, and he was, there
fore, the proper person to make a de-
mand upon for them.
Judge Wallace asked Mr.. Willcutt where
the officers of the corporation were, and he
replied that the president, Charles f..
Croker, is absent in the East on his way
to Europe, and that First Vice-President
H. E. Huntington is in Los Angeles.
Judge Wallace again asked Secretary
Willcutt whether he intended to obey the
order Of court and produce the books,
and he replied that he aid not.
The matter of contempt was thereupon
taken under advisement until 10 o'clock
Wednesday morning.
"Who was IL that caused you to order
Accountant Folsom to enter that fictitious
sum of $4,000 0OO?" asked Mr.. Clunie,
after the contempt matter had been settled.
I'VE worked together" was the reply,
land 1 did it as secretary of the company.
| did it to make the books balance"
do you mean to tell me that you en-
tered the fictitious amount without con-
sulting with the board of directors"
Yes, sir. 1t was because 100000 had
been added to the capital stock by agree
ment OF the board of directors"
In response to a question by Mr.. Freid-
enrich the witness replied that the re-
naming S11 100000 of the 81, 100000 for