The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-18

people who make one class of charges
are mere to substantiate those, they might
De permitted to SubStantiate them and
then when they get through, the COM
mplttee gould proceed with the other
The chairman-'I apprehend that Mr..
McEnerney is right in this proposition;
that the investigation of any charges that
ne might seek to prove on behalf of The
any other charges that might be, directly
or indirectly, brought before this COM
mittee."
Mr.. Melick = 'Well 1 am not willing
that The Call should come in here and
establish their facts. We want to estab-
llsh them, and let us go right after them
them T ia bo Gs have got to M estaPMll s
lick. That is all that Mr.. McEnerney is
taking about and all / am talking about.
Mr.. Mellick-"But he wants his line of
wants to present the facts"
Mr.: Bacon--"l do not UNDERSTAND 1t, Mr.
Mellick, in that way. Do not understan
me as being here either to make The
Calls fight. do not understand, Mr.. Mel,
lick. | do not think you do understand
that whatever the result of this investiga-
whatever upon the libel suit that you say
is threatened against The Call, because
the evidence that is taken here cannot
be used on that case. 1t is just simply
yestigation in an orderly manner in the
hope that we may get through with 1T
and finish it in an orderly manner There
is nothing that can be done in this world
do not care what it is-except some
system. You start in somewhere
and end somewhere. Mr.. Grant is here
ious that this thing should proceed and
be over with. He is perfectly ready and
willing to tell all that he knows about this
case. But l say that it is not fair to put
this stage of the proceedings and ask him
to testify when there is absolutely no
word of any kind before this committee
except the statement in the newspaper
that anything wrong has been done; and,
as Mr.. McEnerney has pointed out to you,
there is no necessity for specit1c charge.
1t is contained in that article in The Call,
and it is warranted by the statement in
the first part of the resolution under
which you are acting. Now, we are TAX
ing more time over it than there is any
ther about it if L can help il"
The chairman-"T Calls statement
relates to a wrong committed by Mr..
quickly and more readily than from a
man so willing TO testify as Mr.. Grant?'
MI Bacon-"Yes IT Then you arr, are pro
gerous theory, Mr.. Chairman. You are
taking the newspaper article as an in.
dictment against man, and do not
think there is any member of this LegfS-
lature that wants to start In with that
precedent"
The chairman-"Well, I have this to
say in reference to that: That this COM
mittee, in so far as the chairman is con-
cerned-and / think it is the sense of
the committee also-I am not assuming
that any man has committed any wrong.
l am not assuming that there is any in
dictment of any character whatsoever be-
fore this committee"
Mr. Bacon-.'Well. then. Mr.. Chairman.
if you do not assume that any wrong
has been done you must assume that no
wrong has been done
The chairman-"Oh, no."
Mr. Bacon-"Then, why should Mr.
Grant be put upon the stand to show that
there was no wrong done?'
The chairman-"We are simply to de-
termine whether wrong has been done. "
Mr.. Mellick-"I am not particular about
whether Mr.. Grant goes on hrst or not.
/ am not stickler for that. But | am
a stickler for this: That this COMMITTEES
shall do the investigating, and not the
Mr.. Bacon-"Wen, I shall let you alone
hereafter
Mr. sanford-"'Mr. McEnerney, how
i0 MKf WI McEne e@he suppose ten min
utes."
The Chairman-"Mr.s Bacon, the. pro-
cedure outlined by Mr.. McEnerney is sat
isfactory to you, is it,? 81. ~
Mr. Bacon-'What is that?
The Chairman-'"That those who as
sumo to know the facts wherein wrong
exists shall first put on. their witnesses
Mr.. Bacon-"Well, that was my first
statement. Mr.. Chairman. Yes, sir. But 1
don't want that statement to include this
proposition: That these gentlemen can
be given unlimited time to do this. We
do not want this. investigation to run
along here and run along and run along.
And if there is at any time any disposi-
ton shown to do that, why, we shall ex-
pect this committee to protect the gen
tleman that is not charged here by bring
ing this thing TO a speedy close"
The Chairman-"The determination Of
that matter must depend upon the devel-
opments that shall arise in the investi-
Mr.. Interchangeable. Chairman, may I
ask if the committee has reached any
conclusion in the matter?'
The Chairman-'Mr. Leake has been
Mr.. McEnerney-"Has the committee
adopted the suggestion that we made that
we should carry forward the investiga-
The Chairman-"Not formally adopted
Mr.. McEnerney-"M Leake Is not the
The Chairman-"He is not?"
Mr.. McEnerney-"No, sir. The first wit
ness we desire is Howard e. Wright"
dickens of it. 1 move this. Mr.. Chairman:
Resolved, that this committee be its own
Investigators, and that attorneys for 9TH
of protecting or helping their own witt
nesses on the stand am not willing
that Mr.. McEnerney shall ask Mr.. Wright
a single question, nor Mr.. Grant, but [
am willing to take The Call witnesses
and am willing that Mr.. McEnerney shall
interfere so far as protecting his own
witnesses or suggesting or asking them
questions, and so on, to bring out what
they want to be brought out"
Mr.. McEnerney-"Well, our chief wit
ness, Mr.. Mellick, is Mr.. Howard E.
Wright"
Mr.. Mellick-"Who are your"
Mr.. McEnerney-"Yo are willing, you
say, that The Gail should put on its own
Mr.. Mellick--"No. 1 am only willing
that you shall interfere for The Call to
the extent of protecting your own wit
neSseS, to see whether we are asking
proper questions under this resolution.
But just as sure as we turn it over to you
you will carry this clear out of the line
of the committee"
The Chairman-"In plain language, Mr..
Mellick is not willing that The Call should
have this opportunity to nrove the truth
of the alleged libelous article"
Mr.. Mellick-"No; not at all. Mr.. Nc
Enerney 1 am willing that you shall ask
questions of your own witnesses; that is,
The Calls witnesses.
Mr. McEnerney-"Well that Is the
point, Mr.. Mellck. / CLAIM that Mr..
Wright is one of our witnesses, and you
draw the line at what are our witnesses.
Now you know that 1t is a very common
practice for a man to call his adversary
as a witness. Now then, II you allow us
to interrogate the employees of The Call.