davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1896-05-29

would be great misfortune if by any chance
the bill should now fail OF final passage.
The other matter in which our people are
especially interested was to procure an appro-
ration OF $3.50, 900 for restraining barriers to
protect the navigable rivers of the State and
to permit the resumption of hydraulic mining
II the same can be done without material in
jury 10 other interests.
Our great fight in this matter was before the
House Committee on Rivers and Harbors. We
soon discovered that the appropriation could
not be Obtained as an independent proposition
and that the only possible way to secure it was
to have it incorporated in the river and harbor
bill, and thus be carried through by that meas
ure- Our efforts, therefore, were all concen-
trated in securing its insertion in the river and
and HRrbors.
In this fight we had the opposition of the
AnttDebr1s Association of the Sacramento VAL
ley, and had, furthermore, to overcome the
idea that seemed generally to prevail in the
committee that the eapproTriationwasi intended
to aid q private industry. 1t took vast
amount OF hard work finally 10 secure the in
sertion of this item in the river and harbor
bill. In fact, when the vote was first taken the
committee was adverse to the insertion.
Things looked pretty blue and it seemed that
all our efforts were lost. Then it was that the
hard work began that finally resulted in sue
cess. Two mem bers of the committee, Bar
rett OF Massachusetts, and Hooper of Wiscon.
sin, continued their opposition until the last
Hooker of New York, chairman of the com.
m1ttee, Herman of Oregon, senior Republican
MEMBER and Catchlngs of Mississippi senior
Democratic member, were our steadfsst
friends.
At the last moment Speaker Reed was per-
suaded to come 70 our assistance and to his
influence was largely due the final result.
When the bill reached the Senate Senator
White, who was member of the Senate Com
mittee on Commerce, secured some needed
changes in the language of the item, which
were afterward agreed to by the House.
The item as it now stands is precisely as the
miners have always asked for it, and in the
only shape in which it could possibly have
been obtained.
The river and harbor bill containing this
item has gone to the President where it will
doubtless be vetoed, but the executive veto
will be overruled by both houses with a celer-
House.
In short, the two principal measures desired
by the miners of California have made much
better progress than we had hoped, and we
may now indulge the highest expectatio of a
speedy and complete success.
The San Francisco call., 1896-05-29
MINERS HOPES
TO Be REALIZED.
TREY L. Ford Returns From
Washington Encour-
aged.
LOBBIED FOUR MONTHS.
Mineral Lands Bill Now in a
Way for Final Favorable
Action.
RIVER BILL TO BE VETOED.
But Both Houses Sure to Surprise
Crovar hu CARRYING IF Over
RIVER BILL TO BE VETOED
But Both Houses Sure to Surprise
Grover by Carrying It Over
His Wish.

Ex-State Senator TREY l.. Ford returned
Sunday from Washington, where he has
been for four months working in,the inter
ests of legislation beneficial to the mother
industry of California.
Speaking yesterday of his mission and of
what the miners may hope for. he said:
I was never so glad to get back to place in
my life. For me there is but one place to live;
there is but one California. When l left Wash
ington the weather was oppressive and the
heat was sweltering and as I came through
Missouri was lodging cyclones.
As TO my mission to Washington we had two
principal measures before Congress. One was
q bill to create commission to examine ana
classify the mineral lands In the railroad
land grants in California. That bill passed
the House without much effort. We had some
opposition in the House committee, but on
Wilson of Idaho and Hartmann of Montana
three men who effectively stopped any opposi-
ton. McRea OF Arkansas also helped US.
After the bill passed the House and went
to the Senate and was referred to the Senate
Committee on Public Lands then our first
great battle began. The opposition made q
determined stand in that committee and had
the assistance OF the National dministration
operating through the Interior Department
This was one OF the hardest fights we had
Senators Perkins and White deserve special
praise, for they exerted themselves tirelessly
in the cause. Senator Dubois of Idaho, chair
man of the Committee on Public Lands was
our 1rlSnu ana n1s pOsltlOn gave him an OppOr-
tunity 10 do effective work for us. Our other
special friends on the committee were Senator
Berry OF Arkansas and Senator Pasco of Flor
ida. We got a unanimous favorable report
from that committee.
In the Senate there was also much opposi-
ton, and it was led by Sena tor Stewart of Ne
vada. The bill was delayed considerably in
the Senate while We were waiting for data from
California for which I had te1egraphed. AS
soon as the data was received the bill was vig-
orously pushed in the Senate, and through
some very skillful parliamentary work by
Senators Perkins and White the bill passed the
Senate some two weeks ago.
The Senate had added some amendments in
matters of detail, and it became necessary for
the bill to go back TO the House for concur
renee on these amendments. Upon its return
to the House it was referred to the House Com
mittee on Public Lands, which committee
| promptly reported it back to the House with
recommendations that the senate amend
ments be concurred in.
The bill is now on the House calendar await
| ing an opportunity to be called up for final
action. There is certainly no reason why this
bill should not pass and become q law. There
are seven members of the House looking after
! IL and thare ought to be no difficulty now. II
The San Francisco call., 1896-05-29

could raise the money he would pay as
high as $40 share, probably SIS.
Then he was asked why he had paid $40
share for thirty-six shares when some
body else owned the remainder, but Mr.
Lathrop's memory went to sleep again.
He finally explained that he did not pre-
tend to be an expert as to the value of the
property. He simply represented the
Stanford estate, and that is how he came
to be director. When he cast his vote in
the board he voted with the majority of
the nine who were supposed to know all
about the affairs of the company.
On objection being made by Mr.. Freid-
enrich to this line of examination, Mr..
Clunie announced that he proposed to
show that Mr.. Lathrop represented is, 900
or 10000 shares of stock in the road; that
he had familiarized himself with the value
of the stock, and that the fact that he did
put his thirty-six shares on the market at
$47 or $48 per share; was an indication that
he had considered the stock to be worth
that price.
Judge Wallace remarked that Mr..
Lathrop had sworn that he was not an ex-
pert as to the value of the stock, or of the
property of the road, and Mr.. Lathrop
was excused from testifying further.
Secretary Willcutt, with a very solemn
countenance, took the witness chair and
was asked whether he would produce the
books as ordered by the court. He replied
that he would do so if Mr.. Hayward would
give permission.
"Do you mean to say, sir, that you will
not obey the orders of the court2" de-
manded Judge Wallace sternly. "You
are ordered to produce those books at 2
o'clock, and see to it, sir, that this order
shall be obeyed. You are here, sir, not as
The San Francisco call., 1896-05-29
UDGE WALLACE'S REALTY,
His Honor Closely Questioned in
the Siebe Perjury
Case

Case.
Assessor John D. Siebe appeared for pre-
liminary examination on the charge of
perjury before Police Judge Campbell at
1880 o'clock last night.
G. l.. Ackerman, attorney for the de-
fendant, moved to dismiss the complaint
He thought the court should take into
consideration the apparent malice in the
allegations of the complaining witness,
Darragh, and also note the evident incon-
gruity existing between his testimony in
the Superior Court and the facts sworn to
in the present complaint.
He was answered by Messrs. Baggett
| and Bernard for the prosecution and the
motion to dismiss was denied.
Judge w. T. Wallace was called to the
stand and Attorney Baggett kept his
Honor answering questions concerning his
financial standing and taxable worth for
over an hour. His Honor was an interest
ing witness.
"How much is your furniture worth,
Judge? Do you mean to say that it is not
more valuable than these figures ($1500)
would indicator" was asked.
well, l don't think it would sell for
more than that. 1t was bought many
years ago and we keep it for old associa-
tion's sake"
To other pertinent questions as to the
Judges worldly possession the latter
made frequent reference to his business
agent, William Geizelman, saying that he
intrusted all of his affairs to him. He al
lowed him to make out his assessment
schedules, collect rents, superintend I'M
provements, etc.
A query as to what his Honor was
worth on the 1st of March, 1895, brought
forth the announcement that he owed
$50 600, and was not aware that any man
on earth was in his debt to the extent of
500.
As to his income-weIl, Mr.. Geizelman
did all his business for him, and he could
not be exact in his statements.
"What did you pay for your family resi-
dence on Van Ness avenue, Judge2"
"Fiftv-two thousand dollars"
Has it not improved in value since you
purchased it?'
81 really cannot say. The house is old
and has deteriorated much in value"
But the property on the avenue has
greatly advanced in value, Judge, has it
not?
"Well, / suppose so, but"
would you sell it for the assessed val
uation placed on it ?''
Il really could not say" and SO on to the
end of the chapter.
Judge Wallace was explicit and to the
point in his answers, and they all pointed
| to his business agent as being the only one
who was in possession of the exact figure s
and facts regarding his real and personal
| property.
The examination was continued until
this afternoon at O'Clock.
The San Francisco call., 1896-05-29

lection and moved to strike out the
answer, but Judge Wallace denied the re-
quest.
The bonds were issued. Mr.. Hayward
explained, for the purpose of taking up
outstanding bonds and for improvements
He, however, did not remember what was
the amount of the bonds outstanding, but
he thought a little more than 81, ,000, 900.
He had carried 15, 600 Omnibus bonds and
surrendered them for cash at par when
the consolidation with the Market-street
Railway Company was effected.
Charles T. Lathrop was called to the
stand and was asked as to his knowledge
that the court on the day before had
ordered the books of the company to be
produced. He replied that he did not
know. He admitted that he was present
at the meeting of the directors Yesterday
morning and that he had been then and
there advised by his counsel, Russell J..
Wilson, that it would not be necessary to
produce the books.
Mr.. Wilson was present when he and
Hayward and Wilicutt were in conference
He had not known what the object of the
conference was. On being pressed for the
reason why he had taken Mr.. Wilson there
if he did not know the subject of the con-
ference, he said that he brought Mr.. Will
son there to find out what was the matter.
After consulting they decided to keep the
books in the Office, the books being under
control of the board of directors. He ad-
mitted that Mr.. Willcutt was instructed
not to produce them In court.
Mr.. Clunie asked that Mr.. Lathrop
should be adiudged guilty of contempt,
and the court granted the request.
When Mr.. Lathrop, in answer to other
questions, said that when he voted for the
issuance of SIT, 600 of bonds, if he did
SO vote-but that fact he did not remem-
ber-he must have had a general hearsay
idea OF the value of the property, but he
had made no examination as to the value
OF the stock. After the bond issue had
been voted he bought thirty-six shares of
the stock. He did not remember what he
had paid for them. He knew, he said
that the bonds had been authorized at that
time.
Mr.. Freidenrich came to the rescue at
this juncture and asked the witness
whether il the entire number OF shares of
stock, amounting to $4,000, had been
thrown upon the market at once the
market value would not have been
deprecated. Thus, if thlrty-six shares
were quoted at $40 the 1s6, 900 shares would
not fetch near that price. The witness re-
piled that the value would be deprecated.
He thought that he paio $40 share or
thereabouts for the thirty-six shares.
Mr.. Clunle then inquired whether if the
entire stock, 10000 shares, were thrown
upon the market the witness would give
81 share. The witness said that if he
The San Francisco call., 1896-05-29
HE MAY CONFESS.
Charles Favor Expected to Turn States
Evidence and ImpIicate
Others,


Some months of solitary confinement in
the County Jail have had effect on Charles
Favor, who was recently held to answer
by United States Court Commissioner
Heacock on charges of bribery and extor-
ton.
1t is generally understood now about the
Appraisers building that Favor is ready
and willing to turn States evidence and
fasten guilt on at least one man who is be-
lieved to be implicated with hin.
Favor and Martin Cleary, both Custom
house Inspectors, were suspected of doing
crooked work in Chinatown, and espe-
cially in connection with the Wong Sing
case.
Cleary was arrested first at the instiga-
ton OF Special Agent Major Moore, but he
was exonerated upon a preliminary ex-
animation on account OF. lack of evidence.
Now, it is expected that sufficient evil
dence from Favor and Wong Sing may be
had to prove Cleary's guilt.
An incident tending 10 lend color to the
statement that Favor intends TO make a
confession is the fact that United States
Judge Morrow has reduced his bail from
$1,000 to $500 at the request of United
States District Attorney Foote.
The latter, at the time of Favor's incar-
ceration, was strong in his demand that
the prisoner be shown no favors. His bail
must be heavy, and no one must be al
lowed to see him excepting in the presence
OF United States Deputy Marshal. His
change of tactics at this time is regarded
as being the result of the expected confess
sion.
The San Francisco call., 1896-05-29

the change solely for the purpose of losing
three million and half dollars.
Mr. Smith explained that the change
did not increase the receipts, it simply re.
duced the expenses of operating the sys-
tenn. He added that the value of road
would be seriously affected by the pros
pect of competing road paralleling it.
1--WE had to fight very hard to keep g
trolley line from running down Market
street." added the witness.
"How hard did you fight to keep out
that opposition?" WAS asked. Glow did
you win that fight?''
'Well," replied Mr.. Smith, gazing con-
templativeiy at the ceiling, that is so
long ago that 1 don't remem ber."
The answer provoked a smile.
Edward Barry, broker and secretary of
the California Stock and Bond Association,
was called and by request of counsel hand
ed to the court a list of the thirty members
OF that organization. He produced the
records of the board to show the market
value of the stocks and bonds of the
Market-street Railway Company. He was
not member or an employe of the rail-
way company and his memory was excel
lent. He answered all questions unhesi-
tatingly and showed that he understood
the operations of the Stock and Bond
Association.
The hour of P. NJ. having arrived an
adjournment was had until 10 O'Clock this
morning.
The San Francisco call., 1896-05-29

a director, but as citizen, and you must
obey the orders of the court"
Mr.. Willcutt meekly promised that he
would.
But he didn't.
n. T. Smith, treasurer and one of the
directors of the Market-street Railway Com
pany, testified that he was not familiar with
the value of that property, and did not
think it possible that any one else was.
If he wanted to obtain information as to
the. property owned by the company be
would apply to Secretary Willcutt. AS to
the value of the property he would say
that outsiders, such as real estate experts,
mechanical engineers and railroad experts,
would be most likely to know.
OF the SIT SOC, 900 of the new bond issue
/. W. Hellman made a contract with the
company for So, 100000 worth, most of
which were delivered to Mr.. Hellman for
syndicate represented by him. OF this
amount 81, 10000 worth had been sold at
par with commission included, and the
remainder had been sold at $l05 with COM
mission. They were sold to Hellman on
behalf of syndicate represented by him,
of which he said Daniel Meyer and the
Bank of California were members. The
other memb bers he did not remember.
By the terms of the resolution under
which the $17.500, 900 bonds were voted
no bonds could be issued until work
on the road had been actually done, said
Mr.. Smith.
Here Judge Wallace requested Mr.. Fol-
som to appear for sentence at 2 o'clock
P. NJ. to-day for contempt.
After the noon recess Secretary Willcutt
was called up. He looked troubled, and
the reason became apparent when he an
nounced that w. F. Herrin of the Southern
Pacific law department had advised him
to disobey Judge Wallace's order.
Mr.. Clunie announced that he expected
to show by the books that money had been
paid to Mr.. Siebe by the Market1street
Railway Company.
This remark brought Mr.. Freidenrich to
his feet in a white heat. He denounced
the statement as an absolute falsehood,
and added that Clunie's affidavit, on which
the warrant had been issued for Mr.. Siebe's
arrest, was also false. The proceeding, he
charged, had been instigated by pique.
This man." he continued, 'has the
effrontery to state that this accused has
been bribed and that the books show it.
1t is an absolute falsehood, as false as the
oath which this man took when he fled
the complaint before your Honor"
Mr.. Clunie remarked that he did not
understand that Mr.. Freidenrich's state
ment would have any weight with the
court. If he had taken false oath the
courts were open and the machinery for
his punishment was ready.
Then he went on with fierce glare at
Mr.. Freidenrich's s whiskers: IF this state
ment came from anr ons of standing in
The San Francisco call., 1896-05-29

this community / would deem it worthy
OF my resentment. / will state here that
when the corruption of courts and officials
was being Investigated here remained in
this City, while the counsel on the other
side left the City. / propose to
show by these books that $4,000 was paid
to Mr.. Siebe, not on this occasion alone,
but on Others"
Judge Wallace asked Secretary Willcutt
whether he was willing TO produce the
books which were in court yesterday, and
Willcutt, after consultation with Mr.. Nc
Enerney, announced that he would do so
n. L. Smith was recalled and explained
that at the time the resolution authorizing
the issue of $17, SOC, 900 was adopted, neither
ne nor any one else knew anything about
the value OF the property. 1t was not
question of the value of the old property.
IL was proposed, with the revenue to be de-
rived from the sale of bonds, to build new
roads and extensions, to the value OF i've
or SIX millions or more. He did not re-
member what roads were in contempla-
ton. 1t was understood, however, at the
time, that the population of the City would
increase, and that more carrying facilities
would be necessary to accommodate the
increased demand. There was no definite
basis upon which the ten millions of bonds
had been added to the old seven millions of
bonds. The old bonds were bearing in
terest at per cent, and we're selling in the
market above par. 1t was necessary to re-
serve enough of the new bonds to take up
the old bonds when they should become
due. The interest on the old bonds was
paid by the Market-street Railway Com
pany out of its earnings. The new bonds
bear interest at per cent.
The witness admitted that 100000
The San Francisco call., 1896-05-29

worth of the new bonds were reserved for
the redemption of th old bonds at ma
turity; then between So, 100000 and 81, 900, :
600 worth had been sold to Mr.. Hellman's s
syndicate. The remainder was to be re-
served for the construction of new roads
and improvements. The stock of the road
was quoted in the market at $43 and $44
per share. He had 1000 shares or SO, but
he had not offered them for sale.
The witness explained the manner in
which money was drawn through him
from the treasury of the Market-street
Railway Company. All vouchers for legal
expenses were signed by William F.
Herrin and Secretary Willcutt. The wit
ness was asked particularly as to the
manner in which the salary of E. Black
Ryan was paid, but he could not remem-
Der how or by what company Mr.. Ryan
was paid. He knew nothing whatever
about the books or accounts of the COM
pany.
Mr.. Clunie failed to extract any informa-
tion of value from Mr.. Smith and he
turned the witness over to Mr.. Freiden-
rich, who tried to lead him gently along
the pleasant paths of inquiry into moneys
expended for construction, or as to the
dates on which horse-car systems were
changed into cable or electric systems, but
Mr. Smith declined to be led out of the
treasurer's Office, and to almost every ques-
ton responded, II do not know" or, "I
am not aware of it,
He deviated from this method of an
swering when he replied that it cost the
Market-street Railway $3000,000 to change
from a horse-car to cable system, for
which sum it incurred bonded indebted
ness.
He did not believe that the Market-street
system could find purchaser at all II it
were thrown upon the market at the pres
ent time.
ut requires q whole lot of money to pro-
tect 1t from injurious legislation, contin-
ued Treasurer Smith; ga railroad property
is very sensitive. You can't find all capi-
talists willing to invest their money in
property that they cannot control. If it is
decided that the Railroad Commissioners
have control of this property it will affect
the value very materially. If, for instance,
the company were obliged to carry passen-
gers for 3 or cents head instead OF 5
cents the value of the property would be
destroyed"
Mr.. Freidenrich argued that cable road
costing millions became valueiess as a
cable road when converted into an electric
road, and that therefore the $3.500,000 ex-
pended in making the change from ahorse
to cable system did not add that much
to the value of the road.
Mr.. Clunie said that the change In.
creased the value by diminishing the op-
Grating expenses, because it was not to be
assumed, as Mr.. Fredenrich seemed to
want it to apear. that the company made