The record-union., 1898-09-02
TAKEN UNDER ADJUSTMENT.
GOVERNOR BUDD HEARS THE
DAWSON CASE.
Was Dawson an Embezz1er OF Was
the Mine That He Sold
His Own?

governor Budd came up from san
Francisco yesterday for the purpose of
listening to arguments ina the case of
a b. Dawson, who is being held at Sc
attic pending action of California S
Governor in making requisition on the
Governor of Washington for his return
to this State to stand trial on charge
of embezZlement
Reel q. Terry of San Francisco ap-
peared for Dawson, and Warren {.
Gregory and Charles Wesley Reed, also
or San Francisco, appeared for the
people.
In stating the case for Dawson Mr..
Terry said that in July of 1897 the
klondike Gold Exploration Syndicate
or Colorado Springs, Col, entered into
contract with Dawson and man
named King, to go to the klondfke
country in the interest of the syndl-
cate. It was stipulated that the two
mem should acquire mining property
for the syndicate, and that they should
receive for their services while SO en-
gagged 500 per month. 1t was furth-
er stipulated that in case the men, after
arriving at the gold fields, disagreed,
that King should have full control of
all operations.
When the men arrived at Alaska
they had trouble and Dawson quit.
He subsequently secured a claim which
proved rich, but which the syndicate
never owned, as Dawson had severed
his connection with them before he ac-
Quired it.
Mr. Terry cited the Canadian alien
contract labor laws, and claimed that
11p6pr thai,- rlroyi icio0c no man could
acquire mining property for another,
or for a syndicate. Under these con-
ditions he contended that it was i'm
possible for Dawson to have embez-
zled money which belonged to nobody
but himself
Attorney Gregory, in reply, said that
Dawson was merely an employe of
the Colorado syndicate, working for a
salary. and not for daily wages, and
that in his case the alien contract Ia
Dor law did not apply. The law, he
said, is an exact copy Of that in force
in the United States, and is intended
only to restrict the Importation into
the land of foreign pauper labor. He
said that since King and Dawson had
dissolved, and after the latter had To-
Gated and worked the claim when
proved such a producer. that he had
written to the company he represented,
telling them that he was true blue and
that what he had got was for the COM
pany.
Attorney Reed stated that the COM
plaint alleged that Dawson embeZzled
5000 of the proceeds OF the mine,
taken out before the property was sold.
The money, he said. is all gone, S3.5Vo
being sunk in a mining scheme, 800
paid to Attorney Terry and 1000 kept
by Dawson.
Governor Budd said he thought if
Dawson was guilty of embezzlement IL
was for disposing of the mine and not
for disposing of the proceeds thereof
If he had violated a confidence the
criminal law might, and the civil law
would reach him. 1t was not clear III
his mind whether the Colorado syndl-
cate wanted him brought back to in
stitute criminal proceedings against
him or to get the money they claimed
belonged to them.
Attorney Reed said the complaint
mentioned only the So 600 which Davi-
son caused to be coined at the san
Francisco mint, and that that sum had
already been squandered. He admitted
that the mine had been sold for SZo,-
600 and that another $4,000 had been
taken out prior to the sale. but main
tained that only the 5000 coined at
the mint was in question. He ex-
plained the alien contract labor law,
and said it could not apply in Davl-
sons case He said that Dawson
owned an eighth interest in the Colo
RADIO company. and that he had up 10
the time of going to Seattle accepted
the 500 per month paid him by the
company.
The Governor said the criminal law
could not be invoked for the purpose OF
making a man settle up, and If that
was the aim of the syndicate, requl-
sition papers ought not to be made out
for Davison's return. On the other
hand if an embezzlement had been
committed and he was wanted for the
,,,rnose of Furnishing him, he ought to
be brought back.
ATTORNEY Terry reverted to the orig
,nal agreement, and contended that
Dawson. at the time of his location OF
the mine. was not in the employ OF the
syndicate. When the two men lel''
he said. King was put In charge-
When they reacneu DAWSON NAN''
effects We're put into wooden puiio-
ing which burned down the next Gay
Then King and Dawson had dispute,
and the former told the latter to get
ont on the ice and rustic. Dawson
took his discharge accordingly, ana
worked as a laborer until such tlne ds
he could locate a claim. Inc ciaiIh
rroved TO be a good one, and he mace
money but. the attorney claimed, as
be had been set adrift by King, VINO
vas in charge, he was no longer IN
the employ of the Colorado syndicate,
and that incorporation had no legal
claim either on the mine or the pro-
ceeds thereof.
The Governor took the matter under
.dvieement and promised to render
decision on Monday next