The San Francisco call., 1896-06-04
Only Two Exceptions Were
Noted in His Grave
yard List.
J. L. WILLCUTTS CON-
TEMPT CASE.
Fined Five Hundred Dollars and
Ordered Imprisoned in the
County Jail.
WILL BE RESCUED BY HABEAS
CORPUS.
Attempt to Bring the Spring Valley
Water Company Into the Siebe
Perjury Case.
WILL BE RESCUED BY HABEAs
CORPUS.

ing Judge Wallace took up the matter of
contempt and listened to an argument by
Attorney McEnerney to the effect that
Auditor Thomas was the proper person to
produce the book containing the account
of operating and legal expenses Of the
Market-street Railway Company and that
the others should be purged of contempt.
Mr. Clunie argued that if any outsider
would be allowed to come in and advise
that an order of court be not obeyed the
courts would be thrown into chaos and
the order of court would be an empty
sound
Judge Wallace remarked that there
could be no contention in the matter of
the contempt of Secretary Willcutt. A
subpoena had been regularly served upon
him to produce certain books and the
Secretary had refused to obey the order of
the court
"Is not that the fact?" asked Judge
Wallace.
Yes, sir" replied Mr.. Willcutt politely
but firmly.
Have you anything to say in regard to
Mr.. Willcutts case?" asked the Court.
II have already said all that l have to
say on that matter, your Honor" re-
sponded Lawyer McEnerney.
al recognize the delicacy of this pro-
ceeding," said the Court, "and l do
not wish to exercise my authority in
such manner as to disturb or annoy any
one else. l will go no farther in this case,
nor in any other, L nope, except to further
the administration of justice, and should
l fell 10 do that, I should fail to do my
I,,+,- CacraForvy w il1cY1++ iC 6iraotOr Of
the corporation; he is its secretary, and in
possession and control of those books. He
is no: a mere clerk, or a person holding
any subordinate position. The board OF
directors are scattered about, and are not
in session, so that an order could be re-
ceived from them.
at must be remembered also," con-
tinued the Judge, that the Market-street
Railway Company is not private, but a
quasi-pubIic corporation. 1t has possession
of public streets; it has q franchise put into
its hands. The public is interested in the
books of this corporation, and its stocks
and bonds are listed on the Stock Ex-
change, and the public who buy and sell
them have an interest in knowing what
this corporation really is. 1t is like bank
The interest of the public in bank is so
great that we have bank commissioners
authorized by law to look into the books
of those banks. Why is that? Surely such
a thing would not be thought of, if the
banks were purely private business.
II therefore conclude that Mr.. Willcutt,
being secretary of the company and in con-
troll of those books, is the proper person to
brin them here. Such is Mr.. Willcutt' s
- l.
civil suit and process served Upon Mr..
Willcutt as secretary of the Market-street
Railway Company it would be sufficient to
bring the case within the jurisdiction of
this court, The secretary is made the rep
resentative of the company and it is con-
sidered as service upon the corporation it.
self. Therefore when a subpoena is issued
for him to bring his books it would be
very strange if the same secretary should
not be considered a representative of the
company for that purpose as we'll as a
representative of the company for the pur-
poses of a lawsuit. 1 shall so hold, and I
shall fine him $500 and order him impris-
oned for five days in the County Jail"
Secretary Willcutt received the sem
tence without betraying any more emo
ton than the dial which marks the
fares, but Accountant Folsom betrayed
marks of great agitation.
Mr.. Clunie made speech in which he
interceded for Mr.. Folsom, and argued
that Alvinza Hayward ana Charles G. La
throp were responsible parties and should
be punished, but Judge Wallace ordered
the other contempt cases to go over until
next Monday. The commitment of Secre-
tary Wilicutt will be made out this morn
ing, and immediate application will be
made to the Supreme Court for writ OF
habeas corpus.
Richard O'Brien was recalled and read
the affidavits of Assessor Siebe on the real
estate tax roll for 1895. There are 60 900
assessments on the roll.
Accountant George T. Folsom produced
a statement which he read as follows
Capital stock of the old com panies, So, go, :
973; bonds, $7,035,000; bills payable, $751;
2S3 9S; current accounts balance credit,
$4S6, ,473 60. Total credits, $17, ,263, 730 SO.
Debits-Reserved capital stock, $685.
594 80; bills receivable, $625; permanent
way and franchise, $l2 ,5S3, ,203 04 new con.
struction, $562, $50 GA; property accounts,
So, 1856, 756 81; other accounts, Sos, ,321 Ga.
Total. $17, ,93S,991 70.
Mr.. Folsom explained that the first ite m
on the inventory of the Ferries and Cliff
House road was permanent way, S1,490,-
663 90.
THAT included every cent that was
spent from the organization of the COM
pany until the consolidation? asked Mr.,
Freidenrich.
mo, sir, replied Mr.. Folsom.
The accountant continued reading from
the inventory, from which it appeared
that the total of the inventory of the
Ferries and Cliff House Railroad Com
pany, exclusive of permanent way and
franchise, was S2,059,000
The witness explained that some of the
cars had worn out, but their cost had been
put into the inventory. The average life
of the cable, costing $4,000, was from
three to nine months. Other cables,
which had been worn out from the time
the road started. were represented by
their cost in the permanent-way item. In
fact the value of all property which had
been worn cut or which had disappeared