The San Francisco call., 1908-04-04
Continued from Page 1, CoIumn 8

t10n tOr flueI TO WltnOTaW MS pled OF
not guilty. IN order that the case might
again be opened for preliminary mo-
tions and objections, came at the close
of day devoted to argument by Henry
Ach. Ach closed shortly after
o'clock and hurried away from the
courtroom Immediately to catch train
for Los Angeles, where he has a case
set for Monday. After considering the
main points brought out in the argu
ments by each side and ruling out
number of affidavits offered in evil
dence, Judge Dooling disposed of the
last preliminary in a sweeping decision.
The ruling of the court was that
the code section under which Ruef'S
motion to set aside his plea was made
was designed to bring causes to- trial on
their merits and not to delay or ques-
tion matters up to the minute of trial;
that Rued had already pleaded to the
merits of this action and had two
weeks prior to this plea in which to
raise any objections, without making
any move; and that Ruefs plea, entered
on January 81, was a waiver of all de-
fects preceding the plea. In giving
this decision, Judge Dooling declared
that Ruef was left in a better position
than he would have been had an inquiry
been made into the facts concerning
the making and annulment of the ia
nous immunity contract.
Ruefs claim has been that he failed
70 avail himself of all his rights be-
fore pleading because he was relying
upon the immunity contract, although
the contract had been declared for
feited two weeks before his plea was
entered. Judge Dooling's decision does
not go to the merits OF the immunity
contract, but simply holds that in point
of law the existence of such docu-
ment is not entitled to consideration.
The ruling is strictly a legal ques-
tion, and therefore leaves the way
open for an appeal by Ruef in the
event of conviction while a determine
tion Of facts concerning the immunity
contract would have cut him off from
such an appeal.
Following the denial of this motion
Judge Dooling stated that If any more
motions were TO be made they must
be made at once. Murphy tried to
gain time until Tuesday morning, but
the court was insistent and expressed
the intention of clearing the last pre-
liminary away at once so there could
be no delay on Tuesday. Murphy then
filed motions to dismiss the indictment
and strike it from the files, and to
dismiss the. action in furtherance of
justice. Both We're denied, and of
fers OF proof were ruled out. Judge
Dooling asked IL there were any
further motions. and Murphy said he
had been pumped dry.
II thought maybe you would want
to make a motion to dismiss because
the case had not been called within 60
days" suggested Judge Dooling.
The court explained that the sugges-
tion was made with good will, and
merely because he wished to give the
defendant the opportunity to preserve
every right and take every excep-
- - l.
accepted the suggestion and made the
motion, which was denied upon Heney's
statement that all continuances in the
case had been granted with Ruefs con-
sent. Murphy then stated that he had
no further motions to make and the
adjournment until Tuesday was taken.
This was done TO give Ach an oppor-
tunity to complete his business in Los
Angeles.
-.~.~.~>~~~~~>~~~-~-~~~~
Seq. Beicher-H. Zadig, president;
George Searle, secretary.
Oceidental-H. Zadig, president, A. X.
Durbrow, secretary.
Caledonia-w. G. Morrow, president,
A. :. GrOth, secretary.
Conadence-w. G. Morrow, president,
A. :. Gr0th, secretary.
VI.
A. 8. Groth, secretary.
Potosi-A. #. Coffin, president; J. NJ.
Puringfon, secretary.
Silver Hfll-SoI Jacobs, president; j.
VI. PurfngtOn, secretary.
Best and BeIcher@Ferdfnand Butter
field, president; j. VI. Agar, secretary.
1t is figured that 100000 a year is
absorbed in westeful administration
and salaries in San Francisco, which
i -x.~-lr
on the Constocks. This money comes
from the assessments levied on the
stock holders, From the list given 1t
may be seen that Hirshfeld is on the
payroll of eight companies for services
that could be performed by a clerk.
Not one of the companies is paying
dividends. All are levying assessments
and still the clique is willing to add
to the tax of the stock holders in order
to draw their fat revenues.
The conditions in Virginia City are
the same. High salaried officials are
maintained, with no work to do. Old
timers in Virginia City charge that
there is an arrangement by which sal
aries are split up. but this is indig
nantly denied by the mine officials.
They do not deny, however that the
fat salaries are paid. They cannot
deny it, for it appears in black and
white on the books.
In full justice to the men in control
of the Comstocks, 1t must be said that
money and lots of 1t is being spent at
the mines. The protest, it may be en-
phasized, is not against the Comstocks
nor the work being done there, but
against the frightful extravaganza in
administration which defects into sal
aries and perquisites vast sums which
should go into the development of the
individual mines.
Three distinct enterprises are being
carried forward on the Comstock, rep
resenting CO. operative effort among the
mining companies of the lode. They
are represented by the Ward shaft as
ISOLATION, the Comstock pumping as
sociation and the Sutro tunnel repair
account. These enterprises were con-
ceived with the purpose of Inducing all
the companies on the lode to contribute
to a common fund to be devoted to
the draining Of the mines and the con-
struction of deep shaft to explore the
territory below. Charles Hirshfeld
dominates all these undertakings and
thus has acquired complete command
of the Comstock situation.
1t was in 1882 that a tremendous flow
of boiling water was struck on the
Comstock and the miners were forced