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VOLUME LXXVIIL— NO. 50. SOLID EIGHT CHARGED WITH FRAUD. Suit to Impeach Them for Malfeasance in Office Begun. M. & SMITH, PLAINTIFF. Action Is Based on the Market- Street Railway Franchise tolngleside. CITATIONS ISSUED YESTERDAY. They Are Made Returnable Before Judge Slack on the 31st of This Month. Suit was begun yesterday in the Superior Court looking to the impoachment of the Solid Eight of the Board of Supervisors: Joseph Kinp, First Ward. Peter A. Scully, Second Ward. Charles E. Benjamin, Third Ward. Alphon.se Hirsch, Fourth Ward. Edward C. Hughes, Sixth Ward. Chris Bunker. Seventh Ward. Alfred W. Morgenstern, Ninth Ward- Edward L. Wagner, Twelfth Ward. The suit is brought by K. M. Smith, a well-known attorney, who has been largely identified with the work and the legal battles of improvement clubs. The complaint charges the Solid Eight with malfeasance in office in willfully and knowingly violating their official duties; j with willfully and unlawfully conspiring I together against the public interest and in ! behalf of the interests of the Market-street J Railway Company. It cites the facts of that meeting of the | board on the afternoon on July 8, which have been told in The Call, when the Solid Eight "caused to be advertised the Market-street Railway Company's appli cation for a franchise with conditions and restrictions in its own favor, drafted and framed b\ order of the said Market-street Railway Company, with the object and intention of defeating the purpose of the law and preventing any competition or bid ding whatever against it for the said fran chise, expressly in the interest of the Market-street Railway Company and against the public welfare and interest of the people and tax-payers of the City and j County of San Francisco." "By reason of the conditions and re- j strictions maintained in the advertised order," says the complaint, "submitted by ; the Market-street Railway Company, one of which being to 'maintain and operate j for the unexpired terms of the franchises ; heretofore granted for its line of street railroad on Mission street' * * * and j the further condition that the grant must be as an 'extension of or adjunct to and in | connection with the said Market-street j Railway Company,' the San Francisco and*! San Mateo Railway Company ana other j corporations are prevented from bidding \ for the same in that they must run their ■ cars as an adjunct to and in connection ; with the line of the Market-street Railway j Company. Instead of encouraging com- ; petition," on the contrary everything that j can be devised or conceived to make the J franchise unacceptable to any but the j Market-street Railway Company has been inserted in the proposed grant." It is charged that the Market-street Rail way Company presented this order before the board with fraudulent intent, to secure under the disguise of -legal formalities a| pretended grant of a franchise, and to cheat ! the City out of a reasonable compensation \ for the privileges to be granted to them; that the eight members in voting for the same did violate and attempt to violate the laws of the State, and are therefore guilty of misdemeanor and malfeasance in office, i The complainant alleges that the franchise j over the several routes to be sold to the Market-street Company for $500 for the lot are reasonably worth $5000 each. The complainant alleges further that he knows of his own knowledge that the Market-street Company has repeatedly se cured franchises over streets of the City without any intention of building the lines. He recites that at the meeting referred to, Supervisor C. L. Taylor called the at tention of the board to the unlawful condi- i tions and restrictions and other objection- \ able features of the proposed order, and j offered a substitute such as conformed to j the law, but that, nevertheless, the said eight members, "fully advised and know- Ing the fraudulent design of the Market- j street Railway Company," by their votes , defeated the offered substitute, and "know- j ingly, deliberately, willfully and unlaw fully, by their votes," passed the resolution favoring the Market-street Railway Com pany against the interest of the taxpayers and people of the City and County. The plaintiff prays that the eight ac cused members of the board be adjudged guilty of malfeasance in office and be de prived of their office. A citation was issued by Judge Sander son, made returnable on Wednesday, July 81, at 10 o'clock, before Judge Slack. This is the beginning of the first lesson. Following is the full text of the com plaint : Deponent and complainant charges, ac cuses and alleges th?t the following public officers and eight members of the Board of Supervisors of said City and County of San Francisco, to wit: Joseph Kins, First Ward; Peter A. Scully, Second "Ward; Charles JE. Be. : 'wuln, Third Ward; Alphonse Hirsch, Fourth Ward; lal ward C. Hughe*, Sixth Ward; Chris Dunker, Seventh Ward; Alfred W. Morgenstern. Ninth Ward; Edward L. Wagner, Twelfth Ward; Have been guilty of malfeasance in office, and charges and accuses them of know ingly and willfully refusing and neglecting to perform the official duties pertaining to their office in the manner, and more par ticularly as follows: That it was the official duty of said Supervisors, and each of them, under the laws of the State of California, more par ticularly under an act providing for the sale of railroad and other franchises in municipalities relating to granting of franchises, approved March 23, 1893. pro viding for the granting of franchises or privileges to construct and operate street railroads along or upon any public street or highway of any city or city and county in the State of California; that they shall The San Francisco Call. be granted upon the conditions in said mentioned act. provided, and not other wise, that it is the official duty of the said Supervisors, and each of them, to cause to be advertised in one or more daily news papers of the city or city and county where said franchise or privilege is to be exer cised, among other things the fact that an application for a franchise or privilege has been made to said Board of Supervisors. That on or about the 27th day of June, 1895, application was made to said board by the San Francisco and San Mateo Rail way Company, by Behrend Joost. presi dent thereof, for a franchise to construct, lay down, maintain and operate a street railroad, commencing at and connecting with the tracks of the San Francisco and San Mateo Railway Company and San Jose avenue and Sunnyside avenue ; thence on and along said Sunnyside to the west ern terminal thereon; and thence through private property, with the owners' con sent, to the junction of Ocean avenue and Corbett avenue, or thereabouts, the same being public streets of the municipality of the City and County of San Francisco, State of California. That said company has been applying to the Supervisors of said city and county for the iast two years for a street-railroad franchise over the said-mentioned route, and that said application at all the times and since the 27th day of June, 1895, and was on July 8, 1895, before and pending be fore said Board of Supervisors. That the said last-named eight members of the Board of Supervisors, and each of them, did knowingly and willfully violate his official duties in refusing to recognize the said application of the San Francisco and San Mateo Railway Company, or ad vertise the fact that the application for said franchise had been made to the board according to the law in sucli case made and provided, so that the said franchise might be sold to the highest bidder for the public benelit. But on the contrary the said eight members, being a majority and controlling number thereof, and each of them, did willfully and unlawfully con spire and join together against the public interest for and in Dehalf of the Market street Railway Compauy, and all and each of them, to-wit : Joseph King, First Ward; Peter A. Scully, Second Ward; Charles K. Benjamin, Third Ward; Alphonse Hirgch, Fourth Ward; Edward 9. Hughes, Sixth Ward; Chris Dunker, Seventh Ward; Alfred W. Morgenstern, Ninth Ward; Edward L.. Wagner, Twelfth Ward; Did recognize a subsequent and later ap plication made by the Market-street Rail way Company for a franchise for a street railroad over the same streets in addition to a large number of other public streets in said city and county, ana each of them did by his vote on the Bth day of July, 1895, in open meeting of the said Board of Super visors, vote for and cause to be advertised the Market-street Railway Company's ap plication for a franchise, with conditions and restrictions in its own furor, drafted and framed by order of said Market-street Railway Company with the object and in tention of defeating the purpose of the Ihw, and preventing any competition or bidding whatever against it for the said franchise, expressly for and in the interest and benalf 01 the said Market-street Rail way Company and against the public wel fare and interest of the people and tax payers of the City and County of San Fran cisco, the said advertisement being known and designated as resolution of the Board of Supervisors of San Francisco No. 12,610, third series, a copy of which is hereto at tached and made a part hereof. [Then follows the said advertisement in form of resolution No. 12,610, as printed m the Daily Report, and entitled "Provision for submission to public competition the application of the Market-street Railway Company, a corporation, for a street rail way franchise," and bearing date of July 8, 1895.1 That by reason of the conditions and re strictions mentioned in the said advertised order, and submitted by said Market-street Railway Company by its draft submitted by said company with its application to said Supervisors for their approval, one of the conditions being "to maintain and operate for the expired terms of the re spective franchises heretofore granted for its line of street railroad on Mission street," and that any person or corporation in se curing the same must purchase it subject to being connected with the Market-street Railway Company's car line, and the said Market-street Railway Company, and the further condition that the grant must be "as extension or an adjunct to and in con nection with said line of railroad," to wit, the Market-street Railway Company. That the San Francisco and San Mateo Railway Company and all persons, com panies and other corporations are, by reason of said restrictions and conditions and other matters contained in said prinKd submis sion to public competition for the said street railway franchise, prevented from bidding for the same in that they must run their cars as adjunct to and in con nection with the said line of the Market street Railway Company, and instead of encouraging competition, on the contrary everything that can be devised or con ceived to make the said franchise accept able to any but the Market-street Railway Company has been inserted in the said proposed grant. That the said resolution of intention of July 8, 1895, instead of offering said street ALL EEADY FOB Tx-E BIG TALKING MATCH. Mr. Horr and Mr. Harvey are thoroughly equipped to settle all questions ol gold and flilrer coinage while you wait. [Reproduced from a cartoon in the Chicago Record.] SAN FRANCISCO, SATURDAY MORNING, JULY 20, 1895. franchise for sale with the object of secur ing the highest price and bid therefor, the said Market-street Railway Company, with the purpose and intent to evade the law, and with a fraudulent attempt to secure and obtain under the disguise of legal for malities, a pretended grant of a franchise to construct and operate street railroads on said mentioned public streets, and with the intention to defraud and cheat the said City and County of San Francisco out of a reasonable price and compensation for the privileges to be granted to them, did de signedly and unlawfully frame, draft an order and submit the same to the Board of Supervisors with the object and inten- ' tion of securing the same at the Uiwt-st price therefor. And deponent and complainant says, upon his information and belief, that the said accused eight members, and each of' them, by their vote on the said eighth day i of July, 1895, in voting for and approving j the order submitted to them by said Mar i ket-street Railway Company, as will more fully appear by the copy, which is hereby j attached and made a part hereot. did fail ! to perform their official duties in the in terest of the public, and did violate, and at tempt to violate, the laws of the State of ' California and the aforesaid mentioned ! act of March 23, 1895, and the said eight ; members, and each of them, to wit: Joseph King, First Ward; Peter A. Scully, Second Ward; Charles K. Benjamin, Third Ward; Alphonse Hirsch, Fourth Ward; Edward C. Hughes, Sixth Ward; Chris Dnnker, Seventh Ward; Alfred W. Bf orgenstern, Ninth Ward; Edward t. Wagner, Twelfth Ward; Did, by his vote, willfully and unlaw fully and against the public interest, vio late" his pledge of office, and is guilty of misdemeanor and malfeasance in office. That they, and each of them, did aid and abet the said Market-street Railway Com pany in its unlawful and fraudulent design to secure a valuable franchise from the said City and County, being two distinct routes on different streets to the same point, for the minimum sum of five hundred ($500) dollars, without the possibility of there being any competition, and deponent be lieves and alleges that said franchises and routes are reasonably worth the sum of at least five thousand ($5000) dollars apiece, and wouid reasonably sell for that amount were they fairly 'and lawfully offered for sale by the Supervisors of the City and County of San Francisco. That said San Francisco and San Mateo Railway Company pays the said City and THE 50LID EIGHT. County of San Francisco 2 per cent of its gross earnings, and on the franchise for which it made application 2 per cent of its gross earnings would be paid to the City and County of San Francisco for the privilege of running and operating its cars upon said mentioned public street. That the said Market-street Railway Company does not pay any such revenue to the City I and County of San Francisco, and with ! the intention and purpose of defrauding ' and cheating the said City and County of { San Francisco out of 2 per cent upon its I gross earnings for the privilege of running and operating its cars upon the said pub lic streets as provided by law, designedly i and fraudulently caused to be inserted the I clause "of the terms of its continuance" to I "lay down, maintain and operate for the unexpired terms of the respective fran chises heretofore granted for its line of street railroad on Mission street" as a pre tended compliance with the law, and with the object of making it appear that it is applying for no new privilege and fran chise subject under the law of the said 2 per cent of the gross earnings of the said City and County of San Francisco as here inbefore mentioned, but a mere continua tion of the franchises already granted to its line of street railroad on Mission street, which is not required under the law to pay the said mentioned percentage to the City and County of San Francisco as pub lic revenue. Deponent says upon his information and belie! that the said accused eight members mentioned herein, and each one of them, did knowingly and unlawfully by their votes on said Bth day of July, 1895, in open session of said Board of Supervisors, aid and abet and vote for said fraudulent ap plication of the said Market-street Railway Company, and by their vote caused the same to be advertised, as hereinbefore alleged. Deponent further alleges, and says of bis own knowledge, that it is and has been the policy of said Market-street Railway Com pany, and that it has at various times within the last thre« years secured from said City and County of San Francisco valuable franchises for street railroads without any intention of constructing street railroads, or operating its cars thereon, but for the sole purpose and in tention of preventing any other rival rail road company from using the same, and prevent any opposition, that it might nave an exclusive monopoly in the street-rail road business, all of which acts are against public policy and of great injury to the City and County of San Fran cisco. That on said Bth day of July, 1895, C. L. Taylor, Supervisor of the Eighth Ward, in open session of the said Board of Super visors, pointed out the aforementioned un lawful and fraudulent conditions and re strictions and other objectionable features in said resolution No. 12610, being the ad vertised application and notice of the CONFERENCE CALLED BY MR. OLNEY. grant, as being against the public interest and in the interest of monopoly and the Market-street Railway Company, and then and there offered a substitute notice pro viding for the sale of said railroad fran chises on said mentioned streets of said City and County without conditions or re strictions whereby the same could be fairly submitted to public competition and awarded to the highest bidder, according to the interest and spirit of the law; but the said eight accused members thereof and each of them, to wit: Joseph King, First Ward; Feter H. Scully, Second Ward; Charles K. Benjamin, Third Ward; Alphonae Hirsch, Fourth Ward; Edward C. Hughes, Sixth Ward; Chris Danker, Seventh Ward; Alfred W. Morgen«tern, Ninth Ward; Edward L. Wagner, Twelfth Ward; Beine fully advised in the premises and knowing the fraudulent design of the said Market-street Railway Company, did, by their vote, defeat said offered substitute, and did Knowingly, deliberately, willfully and unlawfully by their votes pass the said resolution in favor of said Market-street Railway Company as drafted and ordered by it as* hereinbefore alleged against the interest of the taxpayers and people of the City and County of San Francisco. Wherefore it is prayed that all of the eight THE EDUCATIONAL, TOURNAMENT. The pupil will give his respectful attention, but all tne same he'll Keep the book he likes best inside that other one. [Reproduced from a cartoon in Chicago Inter Ocean.] Cabinet Members Held a Two Hours' Secret Session. accused of the Board of Supervisors of the City and County of San Francisco, end each of them be adjudged as guilty of malfeas ance in office, and each one thereof be de prived of his office, and that a citation be issued according to law. K. M. Smith. ' LESS FAVORABLE TO UNIONISTS. Latest Returns in the Contested English Elections* | LONDON, Esq., July 19.— The returns to-day are somewhat less favorable ' to the Unionists. The success of ex-Home Sec retary Asquith in East Fifeshire and of Sir T. D. Carmichael in Midlothian, Mr. Gladstone's old district, have given heart to the Liberals and disappointed their op ponents, who were almost certain that they would capture both Beats. The Unionists experienced other unpleasant surprises in Dumfriesshire, the Lichfield division of Staffordshire, Londonderry and North Tyrone. In 5 the first two named constituencies the Liberals captured the seats from the Liberal-Unionists. In Lon donderry. Knox, a Nationalist, defeated the Conservative candidate, and North Tyrone will be represented by a Liberal instead of a Conservative. Nevertheless, on the day's returns the Unionists go one better than the opposi tion, while several material reductions in Liberal votes and an increase in Unionist votes are to be noted. Exceptions to this, however, are not wanting. The total re turns thus far received show the election of 270 Conservatives, 48 Liberal-Unionists, 88 Liberals, 43 Anti-Parnellites and 6 Par nellites. The net gains of the Conservatives are now 53. The Liberal-Unionists have gained 16 seats, the Liberals 13, the Anti-Par nellites 1 and the Parnellites 2. ONE MORE SUSPECT MEN Three Men Held in Connec tion With the Assassination of Stambuloff. Now it Is Said That Prince Ferdi nand Must Give Up His Crown. SOFIA, Bulgaria, July 19.— M. Georg ieff, formerly secretary to Major Panitza, who was executed some years ago after having been convicted of treason, has been arrested on suspicion of being one of the assassins of Stambuloff. Three arrests have now been made of men implicated in the assassination of M. Stambuloff. Two of the prisoners are be lieved to have been accomplices in the murder, while the other was actually con cerned in it. Three gendarmes have been dismissed and will be tried for not pro tecting Btambuloff. Prime Minister Stoiloff has expressed his profound regret to Mme. Stambuloff, but says it will be impossible for him to attend the funeral. LONDON, Eno., July 19. — The Daily News to-day publishes a Vienna dispatch from Sofia, saying that it is believed Prince Ferdinand will not return to Bulgaria. The whole National party is incensed against him as being in a measure respon sible for the death of Stambuloff. The Russophiles are discussing the question of proclaiming his son Boris ruler of Bul garia under a Russian regency. It is ru mored that the Minister of War has been authorized to proclaim a state of siege. The dispatch adds that M. Stambuloff had worn a coat of mail for seven years. This coat shows the traces of many blows that were leveled at its wearer by would-be assassins. The Post will to-morrow say that the Eastern question has so often suddenly developed crises that the situation cannot be regarded without alarm. The Standard will hold that Prince Ferdinand and his Government are mor ally answerable for the murder of Stam buloff. It will imply its doubt as to whether Prince Ferdinand will have the courage to return to Bulgaria to face the situation that his own presumption and passion for intrigue has created. The paper will say that it would not be sur prised at the Czar insistiag upon the abdi cation of the Prince. Serious Fight on the Frontier. SOFIA, Bulgaria, July 19.— A serious fight has occurred on the Turko-Mace donian frontier between a force of in surgents stated to have numbered 5000 ana a body of Turkish troops. The latter were defeated, with a loss of 600 men. PRICE FIVE CENTS. CAUSED BY CUBAN WAR. Serious Complications In Which Uncle Sam Be comes Involved. DAMAGE CLAIMS HEADED OFF. Additional Precautions to Prevent Filibusters Going to Fight Against Spain. WASHINGTON, D. C, July 19.—Secre tary Olney arrived suddenly and unex pectedly in Washington to-day and sum moned a council of the Cabinet officers in town which lasted for two hours. Mr Olney left Falmouth, his summer homt, yesterday morning for Boston and de parted from that city for Washington late in the afternoon. He reached here about noon and went almost immediately to the War Department, where he had an hour's talk with Secretary Lamont. Shortly before 4 o'clock Mr. Olney called on Secretary Herbert at his office and the two walked over to the State Department, where Secretary Carlisle and Attorney- General Harmon, who had been sum moned by telephone, joined them soon after. For two hours the four Cabinet offi cers were closeted with Mr. Olney, and during that time rumors of many sorts and conditions floated about the corri dors of the State, War and Navy building. One rumor, which one of the Cabinet officers promptly stamped as unfounded, was that Mr. Cleveland was ill at Gray Gables, but neither confirmation nor denial could be secured to other stories which sought to give an explanation for the sud denly summoned meeting. It was known that about the time Mr. Olney reached the State Department Senor Depuy de Lome, the Spanish Minister, had arrived in Washington to-day, and this in connection with Mr. Oiney's appenrance is the basis for a report that the confer ence concerned some new and serious turn in Cuban matters, or related to the Mora claim, which the Spanish Government has decided to pay without delay. But Mr. Olney frankly disposed of these rumors, so far as they concerned Sfcnor de .Lome. He said he did not know that Senor de Lome was in town, and appeared surprised when told it was so reported. In quiry early in the afternoon at the hotels and the Metropolitan Club, of which Senor de Lome is a member, threw no light on the Minister's whereabouts, and both the offices of the Spanish legation and Senor de Lome's were closed tightly. Mr. Herbert left for Oiney's office after the conference and Mr. Carlisle followed soon after. Mr. Olney and Mr. Harmon remained together until 6:30 o'clock. All the members of the Cabinet who were present at the conference declined in the most positive manner to say anything about the subject under discussion, and it is evident they agreed to keep silence. One member spoke in a manner that indicated that the cause of tne meeting was of a serious nature, but he declined to say one word concerning it, or even to make a de nial of any of the many rumors that were prevalent, except that Mr. Cleveland was not ill. While all discussion of the alleged rea sons for the conference will be mere specu lation, moreconfidence|can be placed in the report that Cuban affairs brought Mr. 01 --ney to Washington than in any of the ru mors circulated, for the reason that Cuba is now the most embarrassing problem to be solved by this Government, and, with the exception of the Mora claim, is the only question of immediate seriousness that confronts the administration. Statements concerning the organization of filibustering expeditions in places on the Southern Atlantic and Gulf coasts have been prevalent during the past week, and the revenue cutter service and the navy have been doing all that can be done to prevent such expeditions from leaving this country for Cuba. The Washington Government has been much embarrassed by the frequent com plaints of Spanish diplomatic and con sular officers in the United States that ex peditions were forming with a hostile pur pose toward Spanish rule in Cuba, and it is not improbable that it has been decided by the President to take action that will prevent claims by Spain against the United States for violations of the neutrality laws, and that Mr. Olney's visit and the Cabinet conference was for the purpose of devising ways and means of protecting this Gov ernment in that regard seems reasonably certain. Mr. Olney will leave Washington for Falmouth at 11 o'clock to-morrow. AFTER AMERICAN OFFICERS. Cuban* Hold Out Inducements to Com petent Military Men. WASHINGTON, D. C, July 19.— The Cuban insurgents arc making earnest efforts to secure the services of commis sioned and exofficers of the United States army for duty with the forces that are now trying to bring about the island's freedom from Spanish rule. Agents of the insurgents in Washington and New York have this week approached several officers with propositions to go to Cuba and take command of the troops who are now strug gling against the troops of General Campos. Large salaries are guaranteed the officers for their services, and the promise is made that in event of their capture every effort will be made to pre vent their death. These agents are cautious in their course, but knowledge of their intentions and acts has come to light. At least six officers now in the service and probably twice that many who formerly had commissions have been urged to accept the offers made them and to sign an agreement to sail for Cuba at an early date. The programme is that these officers should leave some ap pointed rendezvous— probably New York— and proceed by steamer southward until they fall in with a friendly vessel, which will take them on board and land them on