The San Francisco Call. Newspaper, July 20, 1895, Page 1

JME LXXVIII SAN FRANCISCO, SATURDAY MOR ING, JULY 20, 1895. SOLID EIGHT CHARGED WITH FRAUD. | franchise for sale with the object of secur- Suit to Impeach Them for Malfeasance in Office Begun. M. X. SMITH, PLAINTIFF. Action Is Based on the Market- Street Railway Franchise to Ingleside. CITATIONS ISSUED YESTERDAY. They Are Made Returnable Before Judge Slack on the 3ist of This Month. n yesterday in the Superior to the impeachment of the i the Board of Supervisors: rst Ward. uit was beg Joseph King, ¥ Peter A. Scully Charles E. Alphonse Hirsch, ¥ ¥dward C. Hughes, Sixth Ward. Chris Dunker. Seventh Ward. Alfred W. Morgenstern, Ninth Ward. Edward L. Wagner, Twelfth Ward. e suit is brought by K.M. Smith, a attorney, who has been fied with the work and the nprovement clubs. s the Solid Eight their official duties; unlawfully conspiring public interest and in of the Market-street the facts of that meeting of the 1d in THE CALL, when the t‘caused to be advertised the way Company’s appli- se with conditions and in the interest of the Railway Company and ablic welfare and interest of nd tax-payers of the City and ounty of San Francisco.” “By reason of the conditions and re- ce in wallfully and | he afternoon on July 8, which | 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 <ity 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 connectin, | with the tracks of the San Francisco ant San Mateo Railway Company and San Jose avenue and Sunnyside avenue; thence onand 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 last 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, 1845, 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 ,\fuleo Railway Company, or ad- | vertise the fact that the application for said franchise had been made to the board according to the law in such case made and provided, so that the said franchise might be sold to the highest bidder for the public benefit. 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 vehalf of the Market- street Railway Compauy, and all and each of them, to-wit: | Joseph King, First Ward; " Peter A. Scully, Second Ward; Charles E. Benjamin, Third Ward; Alphonse Hirsch, Fourth Ward; Edward ©. Hughes, Sixth Ward; ! Chris Dunker, Seventh Ward; Alfred W. Morgenstern, Ninth Ward; | Edward L. Wagner, Twelfth Ward; Did recognize a su\neciuent and later aj piication 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, and each of them did strictions maintained in the advertised | by his vote on the 8th day of July, 1895, in | r,”” says the complaint, “‘submitted by Market-street Railway Company, one of which being to ‘maintain and operate | for the unexpired terms of the franchises | heretofore granted for its line of street | railroad on Mission street’ * * * and the further condition that the grant must be as an ‘extension of or adjunct to and in connection with the said Market-street Railway Company,’ the San Francisco and open meetin[; 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 favor, drafted | and framed by order of said Market-street Railway Company with the object and in- tention of defeating the purpose of the { law, and Erevenfing any competition or | bidding whatever against it for the said | franchise. expressly for and in the interest | and benalf of the said Market-street Rail- San Mateo Railway Company and other | way Company and against the public wel- corporations are prevented from bidding the same in that they must run their cars as an adjunct to and in connection with the line of the Market-street Railway Company. Instead of encouraging com- petition, on the contrary everything that can be devised or conceived to make the \chise unacceptable to any but the treet Railway Company has been d in the proposed grant.” ed that the Market-street Rail- vy presented this order before | d with fraudulent intent, to secure inder the disgnise of.legal formalities a | pretended grant of afranchise, 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 misdemea and malfeasance in office. The compl esthat the franchise | over the se s to be sold wtbe‘ Market-street Company for $500 for the lot are reasonably worth $5000 each. The complainant all further that he knows of his own knowledge that the | Market-street Company has repeatedly se- | cured franchises over ts 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- tions and restrictions and other objection- able features of the proposed order, and offered 2 substitute such asconformed to | the law, but that, nevertheless, the said eight members, “fully advised and know- ing the fraudulent design of the Market- street Railway Company,” by their votes defeated the offered substitute, and ‘“‘know- | ingly, deliberately, williully and unlaw- fully, by their votes,” passed the resolution favoring the Market-street Railway Com- pany egainst 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 31, at 0 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 that the following public officers and eight members of the Board of Supervisors of said City and County of San Francisco, to wit: Joseph King, First Ward; Peter A. Scully, Second Ward; Charles E. Be. *amin, Third Ward; Alphonse Hirsch, Fourth Ward; Edward C. Hughes, Sixth Ward; Chris Dunker, Seventh Ward; Alfred W. Morgenstern, Ninth Ward; Edward L. Wagner, Twelfth Ward; Have been guilty of malfeasancein office, and charges and accuses them of know- ingly and willfulg 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 privilefies to construct and operate street railroads along or upon any public street 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 1n | the Daily Report, and entitled “Provision | for submission to public competition the | application of the Market-street Railway | Company, a corporation, for a street raii- way franchise,” and bearing date of July | 8 1895.] That by reason of the conditions and re- strictions mentioned in the said advertised order, and submitted by said Market-street Railway Company by 1ts 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 itsline 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,” te wit, | the Market-street Railway Company. | That the San Francisco and San M Railway Company and all persons, com- paniesand other corporations are,by reason | of said restrictions and conditionsand other matters contained in said printed 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 Railwa: Company has been inserted in the sail proposed grant. That the said resolution of intention of | July 8, 1895, instead of offering said street | | 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 tkem, did de- signedly and unlawfully frame, draftan order and submit the same to the Board of Supervisors with the object and inten- Did, by his vote, willfully and unlaw- fully and against the public interest, vio- late his pledge of ce, and is iguiu 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 snd routes are reasonably worth the sum of at least five thousand ($5000) dollars apiece, and would reasonably sell for that amount were they fairly ‘and lawfully offered for sale by the Bupervisors of the City and County of S8an Francisco. That said San Francisco and San Mateo Railway Company pays the said City and THE SOLID EIGH;I‘. tion of securing the same at the lowest price therefor. And deponent and complainant says, upon his information and belief, that the them, by their vote on the said eighth day of July, 1895, in voting for and approving fateo | the order submitted to them by said Mar- | ket-street Railway Company, as will more | fully appear by the copy, which is hereby | attached and made a part hereof, 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 E. Benjamin, Third Ward; Alphonse Hirsch, Fourth Ward; FEdward C. Hughes, Sixth Ward; Chris Dunker, Seventh Ward; Alfred W. Morgenstern, Ninth Ward; Edward L. Wagner, Twelfth Ward; or highway of any city or city and count; in the State of California; that they !hlfl and silver coinage while you wait. ALL READY FOR TEE BIG TALKING MATCH. Mr. Horr and Mr. Harvey are thoroughly equipped to settle all questions of gold [Reproduced from a cartoon in the Chicago Record.) said accused eight members, and each. of’ County of San Francisco 2 per cent of its gross earnings, and on the franchise for which it made application 2 per centof 1ts 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 Cift; and County of San Francisco, and wit{ the intention and purpose of defraudin, and cheating the said City and County o% San Francisco out of 2 per cent upon its gross earnings for the privilege of running and operating its cars upon the said pub- lic streets as provided by law, designedly and fraudulently caused to be inserted the clause ““of the terms of its continuance’’ to “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 itis applying for no new privilege and fran- chise subject under the law of the said 2 ger centof the grossearnings of the said ity 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 belief that the said accused eight members mentioned herein, and each one of them, did knowingly and unlawfully by their votes on said 8th day of July, 1895, in open session of said Board of Bupervisors, aid and abet and vote for said fraudulent ap- lication of the said Market-street Railway | ompany, and by their vote caused the same to be advertised, as hereinbefore Dennem 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 three years secured from said City and County of S8an 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 have an exclusive moncfl'mly in_the street-rail- road business, all of which acts are against public policy and of Fnt i\ixjm-yto the City and County of San Fran- cisco. 5 That on said 8th day of July, 1895, C. L. Taylor, Supervisorof the Eighth Ward, in open session of the said Board of Super- visors, pointed out the aforementioned un- lawfuland fraudulent conditions and re- strictions and other objectionable features in said resolution No. 12610, being the ad- vertised application and notice of the r 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 saleof 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; Peter H. Scully, Second Ward; PRICE FIVE CENTS. CONFERENCE CALLED BY MR. OLNEY. Cabinet Members Held a Two Hours’ Secret Session. accused of the Board of Supervisors of the City and County of San Francisco, and 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 FAVOKABLE TO UNIONISTS. Latest Returns in the Contested English Elections. LONDON, Exe., 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 seats. The Unionists experienced other unpleasant surprises in Dumfriesshire, the Lichfield division of Staffordshire, Londonderry and North Tyrone. In 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 gaifs 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 TAKEN Three Men Held in Connec- tion With the Assassination +|.dismissed and will be of Stambuloff. | Now it Is Sald That Prince Ferdi- nand Must Give Up His Crown. SOFIA, Burearia, July 19.—M. Georg- jeff, 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 Stambnloff. 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 actuaily con- cerned in it. Three gendarmes have been tried for not pro- tecting Stambuloff. Prime Minister Stoiloff has expressed his profound regret to Mme. Stambuloff, but says it will be impossible for him to attend the funeral.- | in the afternoon. LONDON, Exe., 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 & Russian regency. Itisru- Charles E. Benjamin, Third Ward; Alphonse Hirsch, Fourth Ward; Edward C. Hughes, Sixth Ward; Chris Dunker, Seventh Ward; Alfred W. Morgenstern, Ninth Ward; Edward L. Wagner, Twelfth Ward; Being fully advised in the premisesand knowing the frandulent design of the said Market-street Railway Company, did, by their vote, defeat said offered substitute, and did knowingly, deliberately, willfully and unlawfnlly 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. %heu!on itis prayed thatall of the eight. - 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. il Serious Fight on the Frontier. SOFIA, BureariA, 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. THE EDUCATIONAL TOURNAMENT. The pupil will give his respectful attention, but all the same he'll keep the book he likes best inside that other one. [Reproduced from a cartoon in Chicago Inter Ocean.] CAUSED BY CUBAN WAR, Seriods Complications Which Uncle Sam Be- comes Involved. in DAMAGE CLAIMS HEADED OFF. Additional Precautlons 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 home, yesterday morning for Boston and de- parted from that city for Washington late 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 Carlisie 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. Olney’s appearance is the basis for a report that the confer- ence concerned some new and serious turn in Cuban matters, or relgted 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 Stnor 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 aftornoon at the hotels ‘and the Metropolitan Club, of which Senor de Lome is 8 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 Olney’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 the meeting was of a serious nature, but he declined to say one word concerning it, or even {o 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, more confidencefcan be placed in the report that Cuban affairs brought Mr. Oi- 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 Btates 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. S syt AFTER AMERICAN OFFICERS. COubans Hold Out Inducements to Com= petent Military Men. WASHINGTON, D. C., July 19.—The Cuban insyrgents are 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 agamst 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 cautiousin 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 lana them on . Py