The San Francisco call., 1907-01-05


"You deliberately throw dust in the
eyes of the people of this city, and
yet you sneer. You deliberately stul-
tify yourself and your case by refus-
ing absolutely to let this board know
the facts, and then you continue to
sneer."
Maddened by the laughter of Stan
ley Moore, one of the counsel for the
United Railroads, which interrupted
his closing argument, Albert Johnson,
attorney for the carmen, delivered the
foregoing vigorous retort before the
board of arbitration yesterday after
noon.
Johnson, whose heart, as well as
his intellect, is enlisted IN the cause
of the employees of the United Rail
roads, could not brook the sneering
of the corporation lawyer, but his i'm
passioned. rebuke caused Chief JUS
tice Beatty to take offense, and he re-
piled:
II think an apology is due to this
board and TO the gentlemen of the
other side for this violent language.
I had hoped that this would be a tri-
bunal of conciliation, but much has
been said here that is calculated to
arouse antagonism.
I'm what honeyed words of dulcet
animadversion should 1 reply to such
behavior of counsel?" demanded John
son, who was in no mood for apology.
IT am not to be deferred by fear of
these gentlemen on the other side
nor by the power Of the great United
Railroads.
when I say that they have concealed
facts, L will not abate what / have
said one jot. Since the 21st of Novem-
Der l have asked them for the original
Of this table, and they have refused
to present IL. When 1 referred to 1t in
argument, this gentleman at my right
insulted me by his sneering."
Il did laugh" replied Stanley Moore,
'for 1 thought that by this time they
ought to understand those figures. Do
you doubt my good faith?"
PRODUCES INFERIOR PROOF
II refuse to answer that question"
was Johnson's reply. When party in
a controversy has the best proof in his
possession and contents himself with
producing inferior proof, it is a worthy
matter for you, sirs, as the jury which
must decide these matters, to take
with you into the chamber where you
shall come to your decision. and II
there is any imputation of bad faith to
be made, let them make It,"
'If you are addressing yourself to
me-" replied the Chief Justice, II would
say that the better way to proceed
would be to enumerate the times when
this refusal to produce evidence has
occurred. / deem this sort OF language
a reproach to me-"
Not at all, your Honor" replied
Johnson; but you cannot blame me
for cherishing some feeling for the
words you have addressed to me. L
will give you the list. They have re-
fused to give a statement of the re-
ceipts Of the company. They have re-
fused TO tell the number OF passengers
carried for each hour the cars are
run. They have withheld the daily re-
port OF the chief electrician, made be-
fore the FIRE. First they denied that
they had any statement of the cleo
trioal output during the strike: then
they promised to produce 1t; but they
have not done Il. They have refused
to tell the date when the 250 new cars
were ordered. They say they do not
know. Can you believe that? They
have refused to bring here the reports
of the engineer on the condition of
the cable plant Immediately after the
fire. When we got the copy of the
proof OF loss it showed that Bodler had
made a ridiculous misstatement In his
evidence, and the explanation he tried
to make was more absurd than his
original testimony. These things show
the kind of evidence they had brought
here and how they have concealed
facts when they chose"
TABLES OF HOURS WITHHELD
The particular matter which occa-
stoned this outbreak of violence was
the refusal of the company's attorneys
to produce the original tables of hours
worked in other cities. In the copy
the figures left it in doubt whether
the men worked eight hours within a
limit of thirteen hours, or whether they
worked from eight to thirteen hours.
At first the counsel for the company
said that the original tables contained
confidential information. Then they
said that they had been given to the
stenographer and he had lost them. But
the fact remained that they were not
produced. 1t was Johnson's allusion to
this that brought the sneer Ito Moore's
lips and precipitated the conflict which
made bear garden of the supposed
peaceful scene of arnrcable settlement.
Johnson's closing argument, which
was continued throughout the day, was
an eloquent arraignment OF the United
Railroads failure to fulfill its obliga-
tions to it's men and to the public, as
well as an impassioned denunciation
of the methods il had adopted in bot
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