The San Francisco call., 1906-10-04
to Issue for
Arrest Of Mutually.

Continued from page L, column 5.
are now looking up the law to discover
II possible some criminal action that
will lie against the officers of the COM
pany to bring them to Justice as indi-
viduals If their negligence can be prov
en-. II we find the law will allow
this Patrick Calhoun. Thornwell Null
lally and the other officers and direct
ors of the United Railroads must an
swer in criminal court for the deaths
that have occurred 1t is difficult to
reach the men who are really response
BILE. for the law is generally made to
favor the corporations, but we are
hoping that some provision will be
found on which we can base such ac-
tions."
DEFIANCE OF THE Law.
The contemptuous manner in which
the corporation flouts the law, killing
and manning men, women and children,
tion of the Supervisors and Grand
Jury.
Public resentment was aroused yes
terday by the killing Tuesday night of
a young girl by the reckless manage
fnent of the railroads Demand was
made that life should be spared, and
at once the Grand Jury and Supervis-
ors cast about for means TO shield the
managers of the corporation from the
just wrath of the people. A confer
ence was called at the Mayors office.
At the appointed hour, 2 o'clock yes
terday afternoon. George F. Chapman.
general manager. and Tirey L. Ford.
chief counsel of the United Railroads,
met Supervisor Sanderson of the mu-
nicipal governing body. together with
Luther Wagoner and MYRTLE Cert Of
the Grand Jury The last-named was
made secretary of the jury by grace OF
Ruef, and must have had Ruefs per-
mission to attend the conference.
RUFF DIRECTS CONFERENCE.
Acting Mayor Gallagher was engaged
elsewhere, and did not reach the con-
ference until everything that could be
done TO shield the corporation and
whitewash it's management had been
accomplished.
After waiting for a long time for the
acting Mayor to come a stenographer
at municipal headquarters with keen
perception of the policy of the admin
| istration in dealing with the corpora
tion and it's assets, such as the Grand
Jury, telephoned to A. Ruef. asking If
the investigation could proceed without
the presence of the Acting Mayor.
Ruef gave the signal. indicating that
the track was clear and the conferees
proceeded to confer in secret.
Newspaper men who were present
to get the news, to report what was
said and the manner of saying it. found
the door closed against them. Written
request to enter the conference cham
Der was denied All appeal for facility
to report the investigation was an
swered by the message that MYRTLE
Cert would see the press representa-
tives after the meeting
PLACE BLAME ON PUBLIC.
It transpires that the representatives
of the railroad placed all the blame for
daily casualties and the reckless sacri-
/ fec of human life on the passengers.
The corporation pleaded inability to
prevent the crowding of the cars
The present condition of the streets
was said to be such as to preclude the
convenient use of safety appliances.
Great ado was made over the outlay
of money for track building and the
purchase of rolling stock. 1t was said
by Chapman and Ford that S2,25O,OOO
had been expended for new cars and
tracks Claim was put forward that
Tenders could not be used on the hill
routes. The general finding of the In
lvestigation was that more penalties
should be placed on the passengers.
No recommendation for safety precau-
tions other than advice against over
crowding was made
surely Ruef's judgment in allowing g
the inquiry to proceed Notwithstanding
the absence of the real and of the act
ing Mayor was fully verified. Cert
demonstrated his worth to the cor
poration in an emergency.
NO FENDER ORDINANCE.
Inquiry at the office of the Board of
| Supervisors yesterday disclosed the
fact that there is at present no ordi-
nance on the municipal statute books
recurring the equipment of Street cars
with tenders to lessen the danger of
accidents. On May s. 1895, an ordi-
nance was passed by the Board Of Su-
pervfsors requiring the installation of
tenders, but 1t contained the proviso
| that the board named should select a
particular device for adoption by the
street car companies.
The ordinance was repealed in 1900
at the instance of Supervisor Braun
| hart now deceased, because 1T was
! found that the street railroad COM
| panies could disclaim all liability for
damages because they could go into
| court and show that they had in fact
installed the fender adopted by the
Board of Supervisors. The effect OF
| this would be that the Board of Super
| ViSOfS could De neld responsible IOr
damages on the plea that the fender
adopted did not prevent the accident
upon which damages were sought. In
the year 1900 a State law was enacted
requiring the street railroad oompanies
! to equip their cars with proper tenders
| and II is under this law that proceed
ings, If any, may be had against the
i United Railroads for failing to have 9
| fender on the car which ground unfor-
tunate Helen Umfred to death.
MULLALLY'S EXPLANATION.
Thornwell Mutually. assistant to Pres
ident Calhoun, is obviously wrought
up by the clamor of the public for pro-
! lection to life and limb.
While expressing the keenest regret
for the fatality Mutually resented the
relentless criticism voiced against the
nited Railroads, and said the public
i apparently had not the remotest con
i ception of the great problems con-
fronting the corporation and the un-
precedented measures it was taking tc
cope with them.
1t can be said without exaggera.
tion." he said, that the conditions now
obtaining in San Francisco are unique
i in the history of street railroading, and
that no corporatfon has AVER in fhs