The San Francisco call., 1908-08-09

San Francisco Call;
Referring to the attack by the Ex-
Rminer, in its issue OF July so, on my
brother, Francis J. Heney, and myself
relative 10 the labor contract 1 had
with the Southern Pacific company, /
desire to submit 10 the pubic the Ioi-
lowing facts through your columns ana
BY your courtesy.
This said contract is known as the
Mexican Labor Contract" and is Tor
the furnishing Of Mexican track iapor.
Nrs TO the Southern Pacinc ralIroao
company, as may be more clearly un-
0erstOod from the contract itself, from
which ! quote, as follows;
Memorandum of agreement between
the Southern Pacific company, hereln-
after called the company, and B. Heney,
hereinafter called the contractor, mace
on this 9th day of February. 1905.
The company hereby agrees with
the contractor to hire, and the con-
tractor hereby agrees to supply the
company. upon its lines of railroad
hereinafter specified, laborers, residents
of Texas, New Mexico and Arizona, OF
the class generally known IN said state
and territories as Mexican, under the
following terms and conditions:
i. The contractor shall from time
TO time. as may be ordered by the au-
thorized officers OF the company, prop
terly send out from some Statlon upon
the cOmpanys lines such able bodied
Mexican labOrerS as the company may
desire TO hire, and the company viii
hire men thus sent out when they re-
port 10 the fOremen at the place or
places designated in the order.
=. The Mexican laborers VIII be
paid at the rate OF one dollar per day
Uniformly on all track sections.
"3. In payment of amount due from
such laborers to the contractor for pro-
visions and supplies the company viii
collect through its paymaster at the
end Of each month, such orders against
their wages as such laborers hired as
above may sign. The amount of such
forders Will be deducted from said mems
wages on the company's pay roll, and,
3n due course. paid over TO the con-
tractor. IL the amount of wages is
less than the amount Of such order,
the company VIII not pay more than
the amount Of the wages due.
- This arrangement to apply 60
al Mexican labOrers employed by the
company in New Mexico. Arizona and
that portion of California south Of the
cities Of Fresno and San Jose. The
company does not, however, bind itself
10 order all Of its Mexican laborers
exclusively through the contractor, but
reserves the right TO hire such men
directly when the occasion requires 1t.
3. The company will not influence
Its Mexican labOrers to purchase their
provisions and supplies from the con-
tractor. but viii leave them free to
purchase wherever they desire; but II
will not collect orders from any per-
son or firm other than the contractor
ION account of the purchase of pro-
visions and supplies
IRREGULAR FREIGHT RATES
"s. The contractor will pay the COM
.pany's regular freight rates on pro-
visions and supplies forwarded to or
for Mexican labOrers, and will make
uniform prices, including freight in
al cases. for provisions and supplies,
delivered at the nearest station on
each and all sections where said labor
ers are employed. to the end that the
average cost of living may, as nearly
nnESfhfp he the " q
within the limits Of this contract, and,
so far as this condition is concerned,
all sections be equally desirable to
-. All Mexican laborers after being
sent out and hired will be required &c
work at least six months unless sooner
dismissed by the company. At the end
OF SIX months or any longer period they
viii, on leaving the compauF's service
be entitled to free transportation to
the station on the company's line from
Which they were originally sent out To
be hired, but the contractor will at all
times work diligently to select and
procure laborers who viii work con-
tinuously as long as required by the
10. The contractor agrees to sell
goods, merchandise or supplies to the
agreement at rates given in the an.
neXed schedule, and a copy of said
schedule printed in English and Span
ish shall be kept posted at all times in
such laborers a-e employed. This
ischedule is based on the present mar
ket value Of such supplies and may be
changed in December and June OF es
fyear by the general superintendent OF
The southern district of the company
70 suit changes in the market value OF
such provisions.
'I2. This agreement shall be in force
for one year, beginning February 20
1906, but the company reserves the
right 10 terminate the same at any
time on 80 days written notice"
CONTRACT Is NOT NEW
This Mexican labor contract with tn,
Southern Pacific company has been il
/ existence more than 25 years to my
own personal knowledge and durinS
that period II has been given to Tucson
businessmen, chiefly because of the fac
that the labOrerS furnished have beer
confined to the sections between Ell PasC
and Los Angeles and to the branci
lines or the company in AriZona-thui
making Tucson a central point, and 4
Is likewise division headquarters, tn,
superintendent having control of tn,
road from Yuma TO FL PaSo, nearly 60l
miles OF main line trackage- The con
tract has been held SUCCESSFULLY by A
I Y. Grossetta, Charles r. Drake (noW o.
Los Angeles and Long Beach,, Levi II
Manning and myself Drake and Man
ming succeeded one another severa
times during the last eight years ther,
being considerable rivalry and persona
1eel1ng between them. About four years
70 secure the contract. Business ex.
perlence, credit and cash were the mafr
requisites, / thought, and as I have
) lived IN Tucson more than 20 years
and only lacked the CASH. Considered
was entitled, or as much so as am
other Tucson citizen, TO have said rail
road business. went TO San Fran
cisco and met Mr.. w. F. Herrin. +,
whom I was introduced by my brother
! stated my case and pleaded my caus,
and accomplishments. This was fol
lowed up by my being recommended a
honorable and capable" by Judge z
wv. Henshaw, whom / had known from
the time entered the University q
California in the class OF 'S3 with Alb
Ruef. Mr.. Herrin seemed to favorabl,
consider my case but said 1 would havi
10 be indorsed by Mr. Epes Randolph
AT Tucson As Mr.. Randolph had pre
viously Informed me that as between
Mr.. Manning lWho was also an appli
cant to succeed himself) and myself h
had no choice-either would be salts
chance Subsequently received
communication from Mr.. Herrin Z
meet Mr.. Randolph and himself in Lo
Angeles. I missed the conference b,
reason OF the fact that ] got tiled vi
IN Phoenix by washouts that were s.
bad they swept out even telegraph an
telephone communication. When
reached Los Angeles by way of Pres
colt the conference was over and hi
Herrin had returned 10 San Francisco
Later Mr.. Herrin wired me to see MI
Randolph. did, but for reasons no