The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-05-26
J. L. Willcut's Unwilling Hunt
for Interesting Evi.
dence.
PILES OF LEDGERs IN COURT.
Peculiar Basis on Which the Rail.
roads Secretary Says the Pool
Was Formed.

e 1t will not be the fault of the opponents
of Assessor Siebe and Judge Wallace if
the entire history of the consolidation of the
street railways does not come out.
Assessor Siebe Is undergoing prelimi-
nary examination for perjury, but Siebe is
not the only one on trial. He is nomi-
nally the only defendant, but much that
is interesting and some that is sensational
will come out of those canvas-bound vol
umes which, under order of Judge Wal
lace, were brought into court from the
railroad Office yesterday morning.
There is but little to fear from the Su-
preme Court under the present examina-
ton. Judge Wallace is sitting as COM
uniting magistrate to investigate crimi-
nal charge against the Assessor. The
Assessor is charged with assessing the
property of the Market-street Railway
Company, worth it is claimed, SIS, 500 900,
at So, 5000 and then, after making such
an assessment, swearing that he had done
his duty. On his oath 10 that effect the
charge of periury is based.
Mr.. Freidenrich and Mr.. Nephtaly of
Naphtaly, Freidenrich and Alderman and
Garrett McEnerneY ranged themselves at
the defendants table as counsel for Seibe.
Andy Clunie took a small corner of the
same table and established himself as
counsel for the prosecution. J. L. Will
cut, secretary of the railway combinatio n,
took the witness-stand and reluctantly
furnished the few facts of the morning.
Proceedings opened with the filing of
demurrer by Mr.. Freidenrich.
Mr.. Freidenrich in his argument on the
demurrer stated that it was based upon
the ground that the complaint did not
state facts sufficient to constitute public
II 4 a-+a hi h.a1
principle of law that perjury could not be
predicated upon any oath unless the mat
ter com planned of was material to some
issue pending, or that might become pend
ing, before any tribunal The oath OF the
Assessor attesting to the correctness OF the
assessment roll was not material 10 any
issue that could arise. The assessment
roll was complete without the oath.
Judge Wallace said there was no doubt
as to the correctness of the principle of
law as stated by counsel, but he suggested
that the matter complained of might be
material to an issue that might arise be-
fore the Board OF Equalization. de said
that, although the roll was complete with
out the oath, still the oath was supposed
to mean something; it was required for
purpose.
Il cannot hold.'' he said, that this
oath the form of which is provided for in
the statute, means nothing, and that the
Legislature that framed the oath in great
detail meant nothing. l shall override the
demurrer"
The unwilling Mr.. Willcut was then
sworn, and Mr.. Clunie started in to show
that the property of the consolidated rail-
WAYS was worth far beyond So 800, 0OO
But he had hard work. Mr.. Willcut said
that when the consolidation was made
there was no valuation of the property of
the various roads. The roads were taken
upon their earning capacity, or their sup
posed earning capacity. He said there
was no paper in existence that showed
what the property of the roads was worth,
and there were no minutes and no records
of the gigantic transaction anywhere.
The heads of the roads Just met and
agreed. 1t was decided that the roads
should have certain proportionate inter
ests. How they arrived at these proper
tions Mr.. WiIlcut was quite willing to ex-
plain, but his explanation enlightened
neither court, counsel nor spectators.
Then the court took a hand, but his
Honors questions were much like drops of
rain on a gable roof. Then Clunie opened
fire once more. He wanted to know what
papers had ever been drawn up regarding
the consolidation. He was told there was
none Some times Mr.. Willcut made little
memoranda-just little ones in lead pencil
on very small bits of paper-but these had
been lost OF destroyed. In fact he remem-
bered having destroyed some himse But
as to the basis of the capital stock the
directors HAD inst met and decided that it
should be SIS, 800 900.
The defense objected to this line of testi-
mony. The question before the court, Mr..
Freidenrich said, was not the value of the
property of the railway company, but
whether or not Assessor Siebe had COM
mitted perjury. His Honor thought that
as the perjury charge was based on the
allegation that the railway company's
property had not been assessed up to its
full value, he thought the question of
valuation very material. Mr.. Freidenrich
argued further, and then Mr.. Clunie said
he thought the Assessor ought to be very
glad to get any information possible on the
subject.
Once more Mr.. Willcut was asked If there
had ever been any paper regarding tn e
consolidation signed by the heads of
departments, and once more Mr.. Willcut
said NO"
Then Clunie produced a typewriter
document and read from it. 1t was copy
of the agreement entered into at the time
of the consolidation and signed by the
representatives of each corporation. 1t
showed that it was agreed that the capital
stock of the consolidated corporation
should be apportIoned as follows: Nine
teen per cent to the Omnibus Cable Com
pany, 5 per cent to the North Beach and
Mission Railway Company and rs per cent
TO the com panies included in the Market
street system. 1t was further agreed that
the property and assets of the companies
should be taken as they existed at the
time OF the consolidation, and all debts
and Liabilities of each company to be
assumed by the consolidated corporation,
it being understood that the stockholders
of the Omnibus Gable Company would
arrange for deferring the payment of half
its floating Indebtedness for at least six
months.
1t was further agreed that S18, SOC, 900
worth of per cent bonds, payable in
thirty years, should be issued. secured by
all the property and franchises of the cor
poration. Clunie also showed that sub
sequent agreement was signed when the
Ferries and Cliff House system was taken
nto the consolidation, by which 1880 of
the total issue of 178, $50 shares were dis
tributed to that corporation.
A light broke upon Mr.. Wilicut and q
smile illuminated his features as he re-
called that there was indeed a document
Mr.. Clunie had reminded him of it. He
had forgotten all about the document Just
read.
Mr.. Willcut's memory seemed to have
been logged in more than one direction,