The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-09

lngtOn, M. II. BOruck, ~. ". Mills, a. a.
Cohen and many others. 1t will likewise
furnish evidence that the bonded indebted
ness Of the railroad company has been
greatly inflated, and that past and defunct
boards of Railroad Commissions have been
working as against the interests of the
public.
Mr.. Hayne managed to be permitted to
introduce number OF witnesses to eStab-
ish the admissibility OF the public docu-
ment by proving the dispositions made
before the Congressional committee by
those people who made them and who are
still alive.
ATTORNEY Bergin, ]. c. Stubbs and F. s.
Douty each told his tale OF being examined
by the Congressional committee, and that
the report filed with Congress was correct
The evidence was admitted, notwlth-
standing ATTORNEY Herrins objection that
the facts which were shown IN loo! We're
not pertinent to the suit dealing with the
facts now existing.
The gist of the affidavit at present under
lire reads as follows:
Affiant deposes and says. upon his lnlofms-
ton and belief, in the year 1887 -oS com
under an act OF Congress, consisting VI mess =
Pattison, Anderson and Littler, to lnVeStlsaese
the affairs OF the railroads known as inc ac4i,o
railroads, duly organized and held sessions ~
the City and County OF San Francisco Persuaiss
to said act Of Congress, at various omceS OF saIu
Central Pacific Railroad and the SoutherH
Pacific Company, including the president anu
members of the board of directors or salu colh7
pany and the heads of department. OF the saI9
companies. The complainant herein appeaTeu
before said commission and fed under oatn'
ing ana signed by them respectively, and by tne
PRESIDENT of the United States transmitted 10
washington, and are now among the archives
OF Congress and of the Government OF the
united states; that said testimony was prlnled
under the authority OF the Government OF the
onlted states, and that the books herewith
presented to the court in this cause, to WIZ
aolcmes 2 to OF Senate executive documents,
hrSt session, Fiftieth Congress, 1SS7-oS, con
tanned true copies of the testimony and deposit
uons so deposited in the archives OF the Gov
eminent at Washington; that at the sessions
OF said commission the complainant herein
was represented by counsel, and that the tes-
umony aforesaid was voluntarily given by the
salo ofncers OF said companies in their Official
capacity and was on behalf OF the COM
pIalnant herein; that the testimony of
Y: +. huntington, who was then vice-presldent
OF the complainant, was given before said
commission In the same manner as above
stated at the session of said commission made
at Washington, and WAS reduced to writing,
signed, disposed of and printed, as above set
set forth; and affiant further says, upon I'M for.
nation and belief, that said testimony so
given by said officers of the complainant, so
gwen in their official capacity and on behalf
OF said complainant, and in the transaction of
Its business, showed that in the construction
OF the Central Pacific Railroad great frauds
occurred, and that said construction was
wssteful and extravaganza, and that the said
road could be built now for 70 per cent less
than 1t then cost, and that large sums of
money were improperly expended by
was not accounted for; all of which
goes to increase the bonded indebtedness
Whlch is sought to be made q basis of the ac-
ton OF the court in this cause; and that
said testimony also explained the relations of
said various companies TO each other, and the
relations OF the various officers to said COM
panles and to each other, and showed the al
legged leases, mentioned in the bill OF complaint
herein, were mere pretended leases, and were
not designed or intended to have any force or
erect, and also tends TO show improper in
huences used by the officers OF said com
pany upon previous boards of the Rail-
way Commissioners of California; and
atfiant further says, that to the best OF his
knowledge, information and belief, the said
testimony going TO show said and other facts
important TO be heard on behalf of the defend
ants In this cause, are true and correct and
that atfiant has no other means of presenting
the same to this court, except through said
testimony presented as aforesaid; that Leland
Stantord, then president OF said company, and
Charles Croker, one of the directors Of said
company. and A. n. Towne, one OF the heads
OF departments of said omplainant, who testi-
are now dead. and that C. P. Huntington, then
V1ce-president OF said complainant, is now out
OF the jurisdiction of this court.
And affiant further says that the said Com
missioners made ma jority and minority report
in writing of their proceedings under the act
or congress, and transmitted the said reports,
eoEelHer Win inc salu testimony TO the Presl-
dent OF the United States and that the Presi-
dent of the United States transmitted the said
report, testimony and dispositions to the Con
gress of the United States, accompanied with-a
message from himself as President to said
Congress concerning these reports and nro
ceeoings, and the copies of ali the same are
printed and contained in the volume aforesaid
herewith presented to the court.
II. NJ. LA RUE
Subscribed and sworn to before me this 8th
day of January, 1896.
Notary Public in and for the City and Comfy
of San Francisco
The case will be resumed this morning.
but on account OF the numbe of ATTORNEYS
interested in the proceedings having to at
tend the funeral ceremonies of the late ].
V. Coleman in Oakland, court will adjourn
at the noon hour.