The San Francisco call., March 13, 1895, Image 1

About The San Francisco call. (San Francisco [Calif.]) 1895-1913

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VOLUME LXXVII.-NO. 93.
THE PACIFIC COAST.
Santa Cruz Grand Jury's
Report on the Water
Bond Case.
3
CITY COUNCIL'S ERROR.
Severe Censure of the Legal
Adviser Who Misled
the Officials.
THE DISHONEST PURCHASERS.
A Review of the Case Which Has
Involved the SeasldeCCity in so
Much Trouble.
Santa Cruz, March 12.— The Grand Jury
presented a report this afternoon mostly
devoted to an investigation of the city
bond transactions. The failure of Coffin &
Stanton, who took the bonds, to comply
with the law is pointed out. Then it goes
on to say: That a grave error was com
mitted by the City Council in turning over
the bonds to Walter Stanton without
following strictly the provisions of the law
seems incontestible, but that such an error
was intentional or that any member of the
Council was guilty of criminal intent or
willful wrongdoing the Grand Jury does
not believe. The Council was unfortun
ately misled as to the law in the matter,
and that fact alone caused them to take
the mistaken course which was so unfor
tunate in its consequences. The Grand
Jury censures the legal adviser of the
Council.
With regard to Coffin & Stanton the
Grand Jury has no doubt of their dis
honesty, but it does not find that any of
them has been guilty of a crime within
the strict meaning of the law. Throughout
the whole transaction the firm has sur
rounded itself with technical safe
guards so as to enable them to escape
punishment.
(X The bond matter has been a subject of
discussion here for months. When the
city had issued bonds for construction of
water works no purchaser could be found
in this State. Then Coffin & Stanton, a
_New York firm, became the purchasers.
Aside from money paid for the works
$30,000 had been expended for water rights
and reservoir site. Last year a proposition
to refund the city's indebtedness was made
by "Walter Stanton, a member of the firm
which purchased the original bonds. The
refunding proposition was carried, as the
rate of interest was lowered and time of
payment extended twenty years. Notice
of half -/.'bonds was adveitised, but Coffin
& Stanton were the only bidders, taking
the entire issue, $360,000. '
Stanton carried away the bonds without
having advanced any cash for them. In
October Coffin & Stanton went into insol
vency. Then an investigation was com
menced and it was found that they had
hypothecated the refunding bonds in vari
ous Eastern banks.
The main trouble is that the city has out
two sets of bonds, each drawing interest.
Until the matter is settled the City Treas
urer will not pay interest on either set. As
the city has been clearly deceived as to re
funding bonds, their payment will be
fought. A taxpayers' association is already
organized to resist payment. Coffin &
Stanton's affairs are in the hands of a re
ceiver, whose last report shows that their
liabilities were over $3,000,000, and all that
came into his hands was about $15,000.
There are enough legal points to insure a
victory for the city as to the refunding of
the bonds if the case ever comes to trial. It
is expected that a case will soon be brought
into court.
SOTO'S TRIAL FOR MURDER.
Completion of the Impaneling of a Jury in
the Case.
Santa Cruz, March 12.— The impaneling
of a jury was completed this afternoon to
try Abram Soto, an 18-year-old boy,
charged with the murder of Juan Gonsago,
near Watsonville, recently.
\ The District Attorney made the opening
statement, saying that the parties were re
turning from the house of one Castro,
where they had been drinking, and while
on the road home became engaged in a
quarrel, when Soto deliberately killed
Gonsago.
The defense set up the plea of self-defense
and will endeavor to prove that Gonsago
attacked Soto, who was forced to defend
himself with a knife. They intend to show
that deceased was of a quarrelsome dispo
sition.
Want Illegal Contracts Set Aside.
Santa Cruz, March 12.— At a meeting of
the City Council last evening resolutions
from the Taxpayers' Association were read
requesting the Mayor and Council to
institute without delay proper legal pro
ceedings in behalf of the city to have all
contracts, resolutions, deeds, mortgage or
trust deeds, bonds, refunding bonds and
mortgage bonds as may have been im
properly or illegally made, executed or
Issued vacated, canceled and set aside.
The matter was referred to the City At
torney. -
Delegates to Manufacturers' Convention.
Santa Cruz, March 12.— F. A. Hihn, A.
D. Pcna and I. L. Thurber have been
selected as delegates by the Taxpayers'
Association to the Manufacturers' Associa
tion convention, which is to meet in San
Francisco.
Petitions to Save Azoff's Life.
Santa Cruz, March 12.— Petitions to the
Governor for a commutation of the sen
tence of Anthony Azoff, the murderer of
Detective Len Harris, under sentence of
death, are being circulated throughout the
county.
Populists Want an Organ.
Santa Cruz, March 12.— The Populists
have decided to incorporate with a capital
stock of $10,000 for the purpose of continu
ing their organ,- the New Charter.
SAM A AX A SEySATIOS.
Frrnk lAttlefield Tried to Kill a Family
at Anaheim.
Santa Ana, Cal., March 12.— Quite a sen
sation was caused yesterday afternoon at
Anaheim by Frank Littlefield coming in
and surrendering to the authorities.
~On investigation it was learned that he
The San Francisco Call.
had tried to exterminate a whole family
by shooting at his brother Sheldon, then
at his brother's wife and then at the wife
mother, Mrs. Adams, but fortunately his
aim was poor and he missed them. .' ; ;
The reason of the shooting is said to be
that Frank considered his brother Sheldon
had disgraced the family by marrying Miss
Adams and to get out of the difficulty he
proposed to kill his brother and his wife
and then shoot the mother-in-law on gen
eral principles.
...v ERx.iiiiiiy ojo aer CA UGJIT
A. Young Man's Criminal Career Cheeked
at Its Jtpyinnintj.
San Bernardino, March 12.— A career of
forgery was cut short here to-day by the
arrest of "W. W. Sarber, a young man
barely of age. Yesterday he forged the
name of A. N. Younglove, a prominent
citizen of Riverside, to a check for $3 on
the First National Bank of Riverside. He
had made the acquaintance of prominent
railroad people here, and with the indorse
ment of one of them got a check cashed by
a bank here.
He then forged a check for $75 on a San
Bernardino bank and presented it to-day
to the First National Bank of Riverside.
It happened at the same moment that
the first forged check came back to River
side through the mails, and the cashier
noticing the similarity of the chirography
detained Sarber and sent for an officer.
Sarber broke down and made a full con
fession. He claims that this is his first
offense.
FIESTA DE LOS ANGELES.
Indications That the Carnival
Will Be a Successful
Event.
Salt Lake Will Send a Handsome
Float for the Big
Parade.
Los Angeles, March 12. Popular sub
scriptions to the Fiesta fund have reached
a total of $12,287 50. The information re
ceived from San Francisso that the mer
chants there are making ready to send
down floats for the carnival was gratifying
to the committees, and following this in
formation comes news that Salt Lake City
also desires to be represented in the pa
geant. The citizens of the latter city have
written for instructions as to the manner
of securing a place, and they promise to
send at least one float.
Chinese merchants, who furnished such
a splendid display last year, notified the
committees to-day that they had collected
money to pay the expenses of their parade
and that they could be expected to make a
good showing in the procession.
A Crusade Against Vice.
Los Angeles, March 12. — Police
Commission is considering the inaugura
tion of a crusade against dives and disrep
utable houses. At a meeting to-day the
proposition *vas broached to have the oc
cupants removed from Alameda street to
I quarters in a less prominent part of the
city and to allow them licenses, the Com
missioners being inclined to believe that if
this is done these slaves will be under bet
ter police control. No decided action was
taken.
The Mystery of a T,eg.
Los Angeles, March 12.— Mrs. Etta Hoff
man has not yet been found and the police
are at a loss to offer a tangible solution to
the mystery of the finding of a woman's
leg in a pile of debris on Broadway. It was
said that the limb came from the person of
Miss McCrady of Pasadena, who under
went a surgical operation some time ago,
but to-day it was learned that Miss Mc-
Crady's leg was amputated in Lincoln,
Nebr.
Accused of Murder.
Los Angeles, March 12. — The exam
ination of Mrs. Elizabeth O'Hara on a
charge of murder was commenced this
morning in the Township Court. She is
accused of having given poisoned cakes to
Eddie Strange and Johnnie Henderson,
the boy last named having died after eat
ing one of the cookies.
Dedication of the Odd Felloxes' Building.
Los Angeles, March 12. — Dedicatory ser
vices at the new Odd Fellows' building
were held this afternoon. Grand Master
J. H. Simpson of San Francisco was master
of ceremonies, assisted by N. E. Stephens,
grand master of New Mexico. The build
ing cost $46._00.
Woman's Press Association Meeting.
Los Angeles, March 12.— The Southern
California Woman's Press Association
began a three days' session here to-day.
Mrs. E. S. Marshal of San Francisco pre
sides.
SHARPERS OF SAN DIEGO.
Real-Estate Dealers in Trou
ble for Various Shady
Transactions.
One Arrest on a Charge of Em-
bezzlement and More
to Follow.
San Diego, March 12.— McCormack, a
real-estate dealer of this city, was arrested
and held in $500 bonds for embezzlement.
McCormack has been before the court at
least four times in the past three months
charged with obtaining money under false
pretenses, but as the. amounts obtained in
each case were small he was allowed to pay
up and keep the matter quiet. To-day's
examination, however, was more serious.
Thomas E. Ashton of Holton.Kans., sent
$220 to McCormack last June to pay off a
mortgage held by Henry Pahlow. and Mc-
Cormack, so far as can be discovered, de
voted the money to his own use. Ashton
found that McCormack had gone off on a
spree with his money, and he had to pay
the amount over again.
Six or seven weeks ago McCormack re
ceived $460 in commissions to divide with
a partner, but he again went away and his
partner got nothing. Then McCormack
began to pass checks that turned out to be
bogus, and he narrowly escaped punish
ment several times.
It is understood that two other real es
tate dealers will be arrested to-morrow on
a criminal charge. The AValracr case
stirred up things and a general inves
tigation reveals various cloudy transac
tions on the part of certain real estate men.
The funeral of J. Walmer. the real estate
dealer, who committed suicide last week
after his arrest for forging a deed in an en
deavor to swindle a land-buyer, took place
to-day. „..-•
SAN FRANCISCO, WEDNESDAY MORNING, MARCH 13, 1895.
THE TERMINAL BILL.
Favorable Action on the
Proposition of the
Valley Road.
PASSES THE ASSEMBLY.
Persistent Attempts to Block
the Measure in Various
Ways Fail.
THE LEGISLATORS WHO OPPOSE.
Indications That the Senate Will
Not Hesitate in Passing- the Bill
When It Comes Up.
Sacramento, March 12.— The bill to per
mit the San Joaquin Valley road to lease
terminal facilities in San Francisco from
the State Board of Harbor Commissioners
came to the Senate this afternoon and was
made a special order for to-morrow.
The Southern Pacific, through its lobby
ists, has been doing everything in its power
to defeat the bill with amendments or to
delay its passage.
The Southern Pacific lobby has been per
sistent and pestiferous in its efforts, but
there is every prospect that the Senate will
vote as the House votes and pass the bill.
A last attempt was made to delay the
bill in the Assembly. Reid of Trinity and
Brusie of Sacramento were the leading ob
jectors. Reid talked till the House made
him stop. His arguments were based upon
the hypothesis that the State was asked to
give the mud flats to the San Joaquin Val
ley road outright. He also began a per
sonal attack upon the promoters of the
road, which was promptly ruled out of
order.
It is said that Reid had this morning
spent a half hour in consultation with
Judge C. W. Cross, the attorney for the
Southern Pacific Company, who is now
doing the work formerly performed by the
late W. W. Stow, but Reid denies having
had a conference with Mr. Cross.
It was not till 11 o'clock that Powers of
San Francisco was able to call up the
motion to reconsider the bill. Brusie of
Sacramento objected.
"Wait till the special file is completed,"
he said. "It will only take a short time,
and there is no use neglecting necessary
business."
Then Reid arose and began a harangue
intended apparently to insult those urging
the passage of the bill and take up time.
He began to ramble into a thesis on the
formation of sugar refineries in Philadel
phia until Powers interrupted with: "Mr.
Speaker; a point of order. j The gentleman
is not speaking j to the question." The
Speaker cautioned' Reid.
"I wanted to show," Reid began again,
"that corporations are sometimes formed
and then absorbed by other corporations.
I wanted to explain that while this new
railroad company is professedly for the
people it is not altogether for the people,
because men don't put $500,000 and $250,000
into affairs for the good of the people
altogether."
Dyer of San Francisco asked Mr. Reid,
"I want to know if you were not in consul
tation with the lawyer of the Southern Pa
cific Company and if you did not get your
points from him?"
"I deny it, sir," shouted Reid, "and I
would like to ask if there are not members
here who have property near these mud
flats that they would like to sell? No
member on this floor has a right to say that
I am in league with the Southern Pacific
Company. My record will show that I
have fought against it from the begin
ning."
Brusie of Sacramento then made a pecu
liar plea for delay. It was that the minor
ity had not yet been able to bring any new
arguments to bear and the majority by
which the bill had passed was so enormous
there was no reason yet to expect that the
motion to reconsider would carry.
Then the roll was called. The motion to
reconsider was lost by a vote of 9 to 58.
This was not remarkable in itself, but the
vote was.
Bulla, Cutter, Hatfield, Wade and
Weyse, who voted against the bill, changed
over. Even Brusie, who fought on the
floor for delay and reconsideration, voted
against reconsideration at last.
Coghlin (D.) of San Francisco, Devine
(D.)of San Francisco, Glass (R.) of San
Luis Obispo. Osborn (R.) of Santa Cruz and
Sanford (D.) of Mendocino voted against
the bill this morning and for reconsidera
tion. Bennett of Ventura also voted for
reconsideration, but protested that it was
a mistake.
Barker of Santa Barbara, Collins of Ala
meda and Reid of Trinity were the only
members voting against the bill yesterday
who did so to-day. Speaker Lynch voted
for the first time to-day. He voted in
favor of the San Joaquin Valley road.
Among the absentees one voted for the
bill yesterday and two voted against it.
The vote in full was as follows:
Barker, Bennett, Coghlin, Collins,
Devine, Glass, Osborn, Reid, Sanford— 9.
Noes— Ash, Baehman, Bassford, Belshaw,
Berry, Bettman, Bledsoe, Boothby, Brusie,
Bulla, Butler, Carglll, Cutter, Dale, Davis,
Devitt, Dinkelspiel, Dixon, Dodge, Dunbar,
Dwyer, Ewlng, Fas-sett, Freeman, Gay, Guy,
Hall, ° Hatfield, Holland, Hudson, Johnson,
Keen, Kelsey, Kenyon, Laugenour, Meads, Mc-
Carthy, Merrill, Nelson, North, O'Day, Phelps,
Powers. Price, Richards, Rowell, Spencer,
Staley, Swisler, Thomas, Tibbitts, Twinrg, Wade,
Waymire, Weyse, Wilkinson, Zocchi, Mr.
Speaker— sß.
Absent— Coleman, Healey,. Huber, Jones,
Laird, Lewis, Llewellyn, McKelvey, Pendleton,
Robinson, Stansell, Tomblin, Wilkins— l3.
THE ASSEMBLY.
Passage of the Bill to Close
Barber-Shops on Sunday.
Sacramento, March 12.— Dwyer of San
Francisco in the Assembly to-day got
through two bills of special interest to the
contractors of his city. One authorizes
the Supervisors to complete municipal
buildings. The other allows them to
change the plans during the course of the
work.
The bill to close barber-shops on Sunday
will now go . to the Governor. Bledsoe
tried to kill it by an amendment, which
was spiritedly opposed by Dinkelspiel, and
the original bill passed.
Thomas of Nevada obtained the passage
of two bills appropriating $1800 for the
salary of the Debris Commissioner and bis
secretary.
Spencer introduced a scheme to purify
primary elections. He told the House it
had been drawn up after careful study and
consultation with over a hundred politi
cians and others.
"Who are some of these politicians?"
asked Reid of Trinity.
"Mr. Gator, Mr. Popper, Mr. Kelly—"
"Which Mr. Kelly?"
"Martin Kelly."
At once Bledsoe of Humboldt was shout
ing: "Mr. Speaker, in that case I move
that we strike out the enacting clause."
The motion passed. Later it was voted
down and the proposed amendments put
before the House. Then Dixon introduced
a set of amendments as a substitute. His
scheme is similar to that now in vogue.
The proposed amendments went over till
to-morrow afternoon.
i Among the appropriation bills passed
were :
$55,000 for new buildings at the Preston
School.
$400 to George H. Tay for heating apparatus
at the San Jose Normal School.
$4278 for transporting insane persons.
$2000 for legal services of James A. Johnson
in harbor-front cases.
$300 reward for the capture of W. B. Coup.
$42,655 35 to pay the militia for services last
July.
The proposed constitutional amendment
exempting from taxation personal prop
erty to tbe value of $500 was passed.
It was thought the county division bill
was dead. To-night it was discovered to
be on the special urgency file. This caused
a row. It came out that the bill had been
withdrawn from the file. Ordinarily this
would have been overlooked. Mr. Davis
noticed it, though. He had the bill placed
on the second-reading file.
Last night Pendleton had the bill placed
on the special urgency file stating that Llew
ellyn, who is sick in San Francisco, had
authorized him to do so. He only named
the number of the bill, and no one knew it
was the measure about which so many un
savory stories hang, till to-night. Then it
was thought that some hocus pocus had
been employed and an explanation was
demanded.
The teachers' pension bill was killed by
a vote of 32 to 31. The Assembly bill
authorizing the appointment of a State
veterinary and of county veterinaries was
passed through the exertions of Bettman
by a vote of 44 to 25. It will be remem
bered that a Senate bill exactly similar to
this was defeated a short time ago, and
was denounced as iniquitous.
The proposition to give San Diego $25,000
to found a high school was passed. In
order to get the appropriation the southern
town is to give the State sixteen acres of
land with two large schoolhouses.
No soldier companies other than the
national and State troops can parade with
guns if the bill passed in the Assembly to
night becomes a law. The measure. will
allow the Odd Fellowi^anil-Eirailar order
to carry swords, but no • firearms are to be
used. *).<";-
Only eight votes were registered against
the bill providing that all supplies for
State institutions should, when it is pos
sible, be of California manufacture.
Under any circumstances the goods
must be American, and nothing is to be of
penal or Chinese labor manufacture.
The Assembly refused to concur in the
Senate's resolution to adjourn Thursday
night. Instead they adopted an amend
ment fixing the time at Saturday night.
This will be accepted to-morrow by the
Senate, as that body will have much to do
by Thursday night.
THE SENATE.
Veto of the Pure Milk Bill
Sustained.
Sacramento, March 12.— Senator "With
ington sought to have the Senate this
morning pass his pure milk bill over the
Governor's veto, but failed.
There was a little oratory let loose to
wander about the Senate chamber this
morning over the proposition to reconsider
the vote by which the bill was passed to
give the State Board of Examiners juris
diction over the various State charitabe
and penal institutions.
Senator Hart declared that the bill
would place the State Printing Office and
its employes under the Board of Ex
aminers. The motion to reconsider was
adopted by the following vote:
Ayes— Arms, Androus, Bert, Denison, Earl,
Flint, Ford, Franck, Hart, Henderson, Hollo
way, Hoyt, Linder, Mahoney, Martin,
Mathews. McGowan, Shine, Shippee, Simpson,
Smith— 2l. . ,
Noes— Beard, Biggy, Burke, Dunn, Fay, Ges
ford, Gleaves, Langford, McAllister, Mitchell,
Orr, Pedlar, Seawell, Seymour, Toner, White
hurst, Withington— l7.
The bill was made a special order for to
morrow.
THE INSURANCE BILL.
Defeat of a Senate Amendment
to the Assembly Measure. ..
Sacramento, March 12.— The attempt to
impose an unjust insurance bill on the
State was beaten in the Assembly this
morning. Dinkelspiel introduced and ob
tained the passage of a bill in the Assembly
that caused great consternation in the in
surance combine. It provided that all for
eign insurance companies should deposit
$200,000 in bonds with the Treasurer of the
State. The Senate inserted the word
"fire," which would exclude all marine in
surance companies from the provisions of
the bill.
N The House refused to concur in the
amendment by an overwhelming vote. The
bill will undoubtedly pass in its original
form. v2:nV-
VETO OF MIXERS' BILL.
Governor Budd's Action Sustained in the
Assembly.
Sacramento, March 12. — Governor Budd
to-day vetoed the bill for which the
hydraulic miners fought so hard in both
houses. The bill was intended to make it
more difficult than at present for the farm
ers to enjoin the hydraulickers from mining.
In his message concerning the bill, the
Governor says:
The law proposed by Assembly bill 55 Is so
uncertain ns to its operation and effect as to
constitute, in my opinion, unwise and injudi
cious legislation. Its adoption would, in many
instances, deprive courts. of their well-estab
lished powers absolutely necessary for the ef
fective administration of the laws. .
Cutter of Yuba, in the Assembly, move
that the veto be considered at once, and it
was sustained by a vote of 30 to 45.
BRIBERY.
Accusation of Cor
ruption in the
Senate.
BIGGY'S BOMBSHELL
A Sensational Charge
That Involves the
Southern Pacific.
ALLEGED GO-BETWEEN.
Dunn Said to Have Formed
a Combine to Guard the
Road's Interests.
STATEMENT OF THE ACCUSER.
The Exposure Comes In the Attempt
•to Pass the Bill to Kill the
One-Fare Act.
Sacramento, March 12. Senator Biggy
accuses Senator Dunn of twice seeking to
induce him to enter a legislative combine
for revenue. Both Senators represent San
Francisco districts. This is Senator Biggy's
statement:
"Two years ago when I first came to Sac
ramento I was inexperienced in legislative
affairs and devoted my attention to my
duties. I left the Senate one Wednesday
Senator "W. J. Dunn.
[From a photograph.]
afternoon on my way to luncheon. I was
approached by Senator Dunn, who, of
course, broke the matter gently to me, say
ing that there would be an opportunity to
make money up here and no one would be
a particle wiser, and it was customary in
Legislatures to form such combinations.
"I asked Senator Dunn what he meant,
letting him know at the same time that he
knew my standing in San Francisco. In
asmuch as my friends feared at the time of
my election that scandalous reports which
frequently grow out of legislative sessions
might wrongly be circulated about myself
I determined to make no mistakes and do
nothing which would be considered in any
way dishonorable. I was born in San
Francisco, have lived in the district which
I represent thirty years, had a wife and
children and could not afford, even had I
so wished, to do anything which would
bring disgrace upon me.
"Senator Dunn mentioned the railroad
among other things from which a legisla
tive revenue could be derived. He said
that $7000 could be made by each man in
the combine. I explained my position
and refused to discuss the proposition fur
ther.
"At the opening of this session I was
approached in my seat in the Senate by
this same Senator Dunn, who, in a confi
dential way, put to me the words that he
hoped I would not be the 'same d-^— fool
that I was two years ago.' I told him that
I did not know that I had acted in that
capacity. He declared that between $7000
and $8000 could be made for each Senator
who entered into a combine to be composed
of twenty-three Senators. He told me
that if I knew the names of the Senators
in this combine I would 'fall, down.'
I told him that the matter did not concern
me and that I proposed to have nothing to
do with such a combine. Senator Dunn
mentioned the railroad, gas, the water, the
telephone and the telegraph companies as
among those from which a revenue could
be derived. I did not discuss the subject
further with him, because I did not wish
to have anything to do with it.
"This is not the only peculiar phase of
legislation that has happened this session.
Chris Buckley sent for a certain Senator,
so I am told, and that Senator is Senator
Henderson, stating that there was a possi
bility for him to make considerable money
in Sacramento. Senator Henderson told
me this himself. He did not state the
amount, but he said that Chris Buckley
told him that the money could be made
legitimately and that he could make a rec
ord for himself. Buckley mentioned the
fact to Henderson that James Flynn had
done nothing more than he (Buckley) was
asking him (Henderson) to do. He said
Flynn made his record, came down to San
Francisco and was elected County Clerk.
The conversation concluded by Buckley
requesting Henderson to vote for John
Daggett for United States Senator. .
"On Sunday afternoon before leaving
San Francisco to come to Sacramento,
prior to the opening of the session of the
Legislature, a friend of mine called at my
house and said I had better not oppose
Sam Rainey as he had powerful influence,'
and that as I had a brother in the Mint it
might cause my brother to lose his posi
tion if I antagonized Rainey. My actions
in the Senate speak for themselves." .
This statement made to the ] press sup
plements what Senator Biggy said in the
open Senate to-day.
The Southern Pacific political lobby had
all but secured the passage of a bill to de
feat the McCoppin one-fare act when Sena
tor Bicrgy broke the spinal column of the
Huntington lobby by his declaration.
It was Senator Seymour who brought up
assembly bill 702 for consideration in the
Senate this afternoon. Senator Biggy ob
jected to its consideration at that time.
He thought the San Francisco delegation
should consider the bill at length. Senator
Aims made quite an extended speech in
opposition to Senator Biggy, demanding
that the bill should be considered then
and there. The Speaker pro tern. ruled
that as the bill was on the Assembly spe
cial urgency file, it must be considered at
the time.
It is a very innocent looking measure. It
is entitled:
An act to amend sections '499 and 501 of the
Civil Code of the State of California, relating to
street railroads and to repeal an act, entitled
"An act to limit and fix the rates of fares on
street railroads in cities and towns of more
than 100,000 inhabitants," approved January
1, 1878.
It is in reality one of the most insidious
attempts at legislation ever made by the
Southern Pacific Railroad Company. Its
virtual purpose is to repeal the McCoppin
act and to enable the Market-street rail
way combine to increase its charge for
street fares in San Francisco. This is the
text of the bill:
Section 1. Section 499 of the Civil Code of
the State of California is hereby amended so as
to read as follows :
Sec. 499. Two lines of street railway, operated
under different managements, may be permitted
to use the same street, each paying an equal por
tion for the construction and maintenance of the
tracks and the appurtenances used by said railroad
jointly; but in no case must two lines of street rail
way, operated under different managements oc
cupy and use the same street, or streets, for more
than five blocks.
Sec. 2. Section No. 501 of the Civil Code of
the State of California is hereby amended so as
to read as follows:
Sec. 501. The rates of fares on the cars must not
exceed 5 cents for one fare for any distance under
three miles. In cities towns of more than 100,
--000 inhabitants the rate of fare* shall not exceed
5 cents for one fare for any distance In one general
direction along the whole length of road or its con
nections operated by any one person or corpora
tion. The cars must be of most improved con
struction for the comfort and convenience of pas
sengers, and provided with brakes to stop the same
when required. The rate of speed shall not be
greater than twelve miles per hour. Any owner or
owners of any street railroad violating any of the
provisions of this section shall be deemed guilty of
a misdemeanor and be punished by a fine of $100
for each offense.' _ :-".%_-.
Sec. 3. An act entitled "An act to limit and
fix the rates and fares on street railroads in
cities and towns of more than 100,000 inhabi
tants" approved January 1, 1878, is hereby
repealed.
Sec. 4. This act shall take effect and be in
force from and after its passage.
Biggy claimed the floor at once and
moved to strike out the words "operated
under different managements" from the
first section of the bill and to insert the
word "consecutive" between the words
"five" and "blocks" in the last line of the
section. Biggy declared that he was sus
picious of the manner in which the bill
had been introduced into the Assembly.
He wanted some man to get up and explain
the bill and tell why the McCoppin act of
1878 should be repealed. He would ask
the gentleman who was seeking to further
the bill in the Senate to explain it.
Seymour said never a word.
McAllister opposed the bill. He told of
the issue of $17,500,000 in bonds for the
maintenance of a monopoly. This mon
opoly now sought to do away with trans
fers. The Southern- Pacific Company
wanted to kill the single fare of 5 cents in
San Francisco.
Senator Biggy declared that the bill
r-v.--- v: •/ y i
emanated from ther_ -oad combine of San
Francisco.
Then there was a case of unblushing
record. The Biggy amendment was put to
a vote and this is the way that the Senators
voted: ;^
Ayes— Beard, Bert, Biggy, Burke, Fay, Gesford,
Holloway, Langford, Mathews, McAllister, Sea
well, Smith, Voorheis, Withington— l4.
Noes— Aram, Arms, Androus, Denison, Dunn,
Flint. Hart, Henderson, Hoyt, Linder, Maho
ney, McGowan, Mitchell, Orr, Seymour, Shine,
Simpson, Toner—
Declined to vote or absent— Earl, Ford,
Franck, Gleaves, Martin, Pedlar, Shippee,
Whitehurst—
Senator Biggy made another attempt to
amend section 2, the purpose of which,
was to prevent railroads from charging
more than five cents for street fares.
The amendment was voted down 21 to
11. Then he sought to strike out the word
"ireneral" in the second section, but this
was voted down 20 to 11.
Senator McAllister introduced an amend
ment striking out all that portion of the
section referring to San Francisco, so that
the McCoppin act would still stand. The
amendment was lost. Then Senator Biggy
made one last effort to save the city of San
Francisco from the street railway com
bine assault. He asked that section 3, the
section which repeals the McCoppin act,
be stricken out.
"That keeps the fare at 5 cents," said he.
"If you want to raise it to 10 cents vote for
it."
Senator McAllister declared that section
3 was not in the original bill. It was the
committee substitute. "Where did this
amendment come from?" he asked.
"I am surprised at the Senator asking so
foolish a question," said Senator Biggy.
"It came from the Southern Pacific Com
pany."
Senator McAllister said he was satisfied
that such was the case,, but he did not want
to accuse any one rashly. "This is the
worst of the bad legislation," said he. "Do
you want to cinch San Francisco? How
can you defend your votes on this bill?
How could you make this substitute a case
of urgency? Ido not represent San Fran-
Continued on Second Page,
PRICE FIVE CENTS.
A WARM DISPUTE.
— . — — _ _.
The Southern Pacific's
Covert Attack on the
Valley Road.
SCORING OF A LOBBYIST.
The Attorney for the San Joa
quin Line Takes Up the
Cudgels and Wins.
SCENE IN A CAPITAL HOTEL.
The Action of the Monopoly In Chok
ing- New Enterprises Set Forth
in Argument.
Sacramento, March 12.— A most dra
matic encounter .took place to-night in the
lobby of the Golden Eagle Hotel between
Colonel Preston, the attorney for the San
Joaquin Valley railroad, and C. W. Cross,
the attorney for the Southern Pacific Com
pany.
The trouble occurred through Preston's
overhearing Cross say that the request of
the new road for terminal facilities was
one of the biggest steals on record.
Mr. Preston at once took tip the cudgels
for the company he represents, and for a
time it seemed as if the two learned but
excitable gentlemen would come to blows.
Mr. Cross was at first on the offensive.
His guards were beaten down by the argu
ments of his opponent, however, and
eventually he became quite conciliatory.
The debate, which lasted over an hour
and a half, filled the lobby of the hotel
with curious men and boys. Legislators,
hackmen, lawyers, drummers and bell
boys all elbowed each other to get near the
disputants.
For a time it was impossible to enter
the hotel and the great crowd grew as
much excited as did the two lawyers.
Cross admitted that the Southern Pacific
had a strong lobby working to defeat the
passage of the bill of the valley road.
He admitted what the Assemblyman de
nied on the floor of the House this morn
ing, that he had talked with Reid of
Trinity in the library about the bill. He
was also forced to admit that the argu
ments prepared so carefully by the rail
road lobby and rehearsed in the Assemblfy
were not well founded.
Mr. Cross had been talking with a party
of friends, and at last the subject of the
valley road came up.
"That whole Mission Bay proposition is
one of the biggest steals on record," an
nounced Mr. Cross.
"What's that?" demanded Mr. Preston,
who was sitting near.
Cross repeated his statement, when Pres
ton hotly replied : "If it is so it is being
fought by a band of the biggest thieves the
sun ever shone on. You say it is a steal,
sir, but nobody else seems to think so be
sides the Southern Pacific and the large
lobby that's here who are paid to do so."
The two men glared at each other
angrily and a word would have caused a
blow. Each had started from his seat and
their neighbors gathered about them, wait
ing eagerly for developments. Then Pres
ton exclaimed :
"What is your name?"
"My name is Cross. What is yours?"
"My name is Preston."
The whole state of affairs then exhibited
itself to the two gentlemen. Neither was
willing to recede from his position, and a
battle royal ensued.
"I repeat my assertion, then." said Mr.
Preston. "The only men declaring this
proposition to be a steal are the Southern
Pacific lobby of which you, sir, are the
head.
"We have all seen Byron Waters, Gillis,
Martin and others drumming the argu
ments of their employers into the ears of
the members of both houses, and we have
all heard of your activity."
Cross did not deny that the railroad
lobby was working against the valley road,
although Preston openly charged them
with trying to defeat the bill by delays.
He protested : "But there can be no doubt
that the bill is unconstitutional."
"It was left for the Southern Pacific to
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Mothy Oily Skin
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It Strikes
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viz.
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PORE \
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