The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-03
FRAGRANT COYOTE
BILL HAS PASSED
THE SENATE
A Scathing Analysis Of the
Measure by One Familiar
With Its Provisions.


MENTO, March 1.-The coyote scalp
bill of fragrant memory has passed the
Senate and is now ready to be called
up in the Assembly. 1t carries an ap-
preparation of 1921, 615, and also con-
tains provisions which, it is claimed.
gives the spectators and syndicates
holding bounty certificates decided
advantage over the individual claim
ants. 1t is acknowledged that there
are some just and honest claims mixed
in with punches of fraudulent certitl-
Gates.
The Call has received the following
opinion Of the pending measure from
one who has studied it's provisions:
1t robs the State.
1t enriches the spectators. who have ac-
cumulated blocks of fraudulent clat.---i,
and in whose interests substitute Tor SEN
ate bill 227 has been cunningly drawn.
1t would overwhelm the Attorney Gen
eral with multiplicity of actions winch
he could never find time to defend; or II
he had the time it would involve enor-
nous expense and create corresponding
deficiency and be abortive as to any re-
suits beneficial to the state or 10 thoSe
deserving the benefits of legislation.
In short, the State would be at the
mercy of holders ana honest owners
A volume might be written upon the
iniquities apparent upon the face OF ne me
substitute, which IN some lnscrutaole
But as there is no time to read volumes
on this subject what is here presented
may be fittingly entitled An invitation
TO thought and examination.
First, after the facts and conditions
calling for legislation upon this subject:
From Kern, San Luis Obispo' Mo tS Las
counties, claims have been presented in
greater numbers than there are inhabt-
tants and sheep sought to be projected
tai of scalps claimed to have been taken
in the State is 81 523, which number is
claims have been presented to the, State
Board of Examiners, namely, $2S7 615, by
five is being the bounty on each scalp
under the said act of 1880.
Over two-thirds of the certificates is
sued by the County Clerks under the said
act are in about half a dozen hands, in
firms. The balance are scattered through
out half the counties of the State That
the larger proportion of these demands"
are base frauds is an admitted fact.
But the fraudulent claims are in strong
hands, while the owners of honest claims
are in the hands. of the original claim
fered by the sharks and junk dealers;
and they still hold them. The latter have
no remedy under the Senate substitute
Now, suppose the Senate substitute
passes and is approved and a Bakers
Held bank or a San Francisco law firm
files. suit on. $4,000 block of County
The Attorney General comes into court
Ito defend such suits" as provided III
section 2 of the substitute. the holder
offers in evidence this massive Wad or
Clerks certificates, which, being the very
evidence prescribed by law, the court must
admit it, and that makes a prirna facie
General is helpless. When and how is
he to obtain any competent evidence to
rebut or refute the case thus made? Let
there be remembered that there is at least
$780, 00 of claims SO held.
And the next thought is as to the effect
upon State finances The substitute makes
an immediate appropriation, and provides
(section 81 as follows: Upon presentation
of certified copy of such Judgment TO
the State Controller the Controller shall
draw his warrant upon the appropriation
provided for the purpose for one-half the
amount of such judgment payable out OF
such fund for the then current fiscal year;
and thereafter during the next ensuing
fiscal year the Controller shall in like man
ner draw his warrant for the remaining
half of such judgment, payable out OF
such fund for such ensuing fiscal year.
Now this Senate substitute, If passed
and approved, will take effect and become
a law of the State before the LIST OF April.
The holders of great blocks OF these ceru-
ficates WILL in spite of anything the At
torney General can do to prevent it, OBJ
tain judgment and present a certified copy
thereof to the Controller during the pres
eDL HScd1 year, WHICH tnuS pil Tie OWL
day of June, 1899, and take out one hum
bred thousand dollars. Then on the I'd
day of July, 1899, they may demand and
collect the balance of their said iudg-
ments. So under the substitute they can
within three months deplete the State
treasury to the tune of about two hun
bred thousand dollars. But not so with
the small holders, who cannot prepare for
trial in so short time, even If they could
bear the expense and they must sell at
whatever price the monopoly offers. In
this connection comes the suggestion in
defense of the substitute that they may
assign their demands to one another with
out litigation in their own names. Can
there be any doubt as to the class of per-
sons who would busy themselves In pro
curing assignments for these purposes and
at what sacrifices to the small owners?
The substitute provides no actual notice
to any one of his right to sue the State,
nor any safeguards against an unauthor-
lied appearance for claimants who have
died, removed or disappeared during the
last eight years, or against claims held in
wholly fictitious names; nor does it provide
any fund to the Attorney General for OBJ
tanning evidence and procuring the at
tendance of witnesses for the State; nor
does it enable him to make any defense
whatever. He will be utterly powerless
In the premises; and those who are "hold-
ers" of the thousands of alleged claimants
who in fact have never existed will have
it all their own way. The substitute pro-
vides that the ordinary rules of practice
shall apply to such suits against the
State, except as herein otherwise pro-
vided, with the right OF appeal to either
party" The only exception therein mill
tates strongly against the small owner,
and is in effect that he shall employ his
own attorney and pay a large bill of costs
and expenses He would have to have
dispositions taken or be compelled to at
again in Sacramento. OF course, the OBJ
stacles to obtaining any of the benefits
of the. substitute by any such persons
would be insurmountable. In short they
are by the substitute. as it was intended
that they should be, left to the mercy of
those who have already combined and
laid their plans to acquire the balance Of