The herald., 1898-07-26
AN ATTORNEYS WRATH
DENIED A COMPLAINT, THEN
RECONSTRUCTED 1T
Merchants and Manufacturers' Asso
citation Institute Proceedings
Against Wells-Fargo

ISOLATION. Wells Fargo & Co., and the
United States district attorneys office are
| in what is known in politics as a three
cornered fight. The first named hopes tc
come out on top--.n time, If peace is not
declared the war tax repealed before the
slow process of law takes action 10 sustain
a clearly defined and explicit section in the
recent act of congress concerning the
stamping of freight and express bills and
| receipts.
A special meeting of the association was
| held yesterday morning in the new rooms
| in the Laughlin block for the purpose OF
taking action concerning the refusal of the
Express company to pay the war tax OF:
receipts, with r. H. Heron in the chair
Secretary Zeehandelaar reported that 1
lcomplaint had been filed last week against
Wells, Fargo & Co. in the United States
district court, upon his information, charg-
ing the Express company with violation of
law in refusing to pay the tax.
Attorney Flint. who is in San Francisco.
| wired Mr.. Finlayson, his assistant. on
| Wednesday as follows: File complaint
| before Van Dyke and have warrant issued
for clerk of Wells. Fargo & Co., who re-
fuse to attach stamp to receipt, under Sec
!ton 49," Mr.. Finlayson requested the sec
rotary TO call at his office and showed him
the telegram stating that under Section
10 no warrant could be issued unless Wells
Fargo had given a receipt without
stamp with the intent to evade the pro
visions of that act.
The next day, in company with Judge
Wright. the secretary called again and the
assistant attorney reiterated his former
statement. The following telegram was
thereupon sent to Mr.. Flint: wells
Fargo refuses to take package or issue re-
ceipt therefor unless sender furnishes
stamp which express company itself af
fixes and cancels. Is this violation of Sec
ton 80? VIII you direct issuance of war
rants on above facts? Wire answer" M.
Flint replied: Wired Finayson yester-
day to have warrant issued under Section
49," Friday morning the secretary called
again at the office and showed Mr.. Finla5'
son the telegram, whereupon he became
very angry and abusive used bad lam
guage and said that IL the secretary wanted
anything he could go somewhere else; ne
would have nothing to do with it. The sec
rotary demonstrated, and replied that Mr.
language when he was consulted on Of
fetal business. A telegram was sent at
once to Mr.. Flint. notifying him what had
taken place.
In the afternoon telephone message was
received at the Merchants and Manufac-
turers association offices from the district
attorneys office to this effect: II hav+
received by telephone the following mes
sage: Attorney for the association in
the case against Wells, Fargo can pre-
pare complaint. and the complainant can
swear to the same before Van Dyke"
After the secretary had made his state
ment Judge Wright stated that thu Ian
cuage OF the act imposing the tax on the
express companies was so plain and clear
that actin could be Drought to compel them
to comply with 1t. W. C. Patterson. r f.
Marx and S. B. Lewis discussed the mat
ter and denounced the action of the COM
pany. On motion of Mr.. Marx the secre-
.ary was instructed to commence criminal
proceedings against Wells, Fargo & Co.
On motion of Mr.. Patterson the directors
of the association were requested to inves-
tigate the matreatment of the secretary
by the assistant United States district at
torney, and to take such steps in the case
as they may deem proper. On motion of
Mr.. Patterson 1t was declared the sense Of
the association that the attitude taken by
the express companies of the United States
is unjust to their patrons, untenable, illegal
and unpatriotc.
On the advice of Judge Wright it was de-
cided that the secretary should attempt to
ship book from the association to SIM
liar organization in San Francisco. Ac-
companied by Judge Wright he went to the
office with the package.
"Twenty-six cents" said the clerk after
weighing 1t.
"Why twenty-siX?"
zone cent for the revenue stamp" Mr.
| Zeehandelaar offered twenty-five and de-
manded a receipt, which was refused. The
complaint will be drawn up and sworn to
as soon as Mr. Flint is heard from.
The action of the association concerning
the treatment of the secretary by Assistant
| Attorney Finlayson was approved at a
meeting of the board of directors held al
! noon. A special committee was appointed
| to investigate the matter and recommend
a course of action to be pursued toward the
| offender.
| The secretary was instructed to prepare
and file an ordinance with the city council
with recommendations that it be passed
fixing the license Of so-called trading
stamp companies at $3.50 per month. A let
ter was read from Colonel Berry thanking
the association on behalf of the Seventh
regiment for the action taken n the effor
to have his regiment sent to ae front.
The special committee appointed to con
fer with one from the city council in thu
matter of sweeping a certain portion of tn,
streets by hand was retained and instructe,
to prepare the necessary data on the ex
pense of such work, in order that the as
ISOLATION may bid for the contract, If sucl
is practicable.