Frank J Sullivan.

A contested election in California. ............ vs. Hon. C.N. Felton. Testimony of the qualified electors and legal voters of New Almaden .. online

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Online LibraryFrank J SullivanA contested election in California. ............ vs. Hon. C.N. Felton. Testimony of the qualified electors and legal voters of New Almaden .. → online text (page 4 of 16)
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Q. Who maintains these roads ?

A. The company.

Q. What is the expense ?

A. At least $500 for the total system of roads, per year.

Q. What means has the company provided for preventing tres-
passers upon its lands ?

A. Fences and a gate, such as are generally maintained about
private lands in this country. The company claims the right to
maintain fences about its property and to exclude all trespassers.
This company considers itself a private industrial institution, and
claims the right of excluding people from its property as any other
private individual is allowed to by the laws of the land. We under-
stand that that is what the right of property is, in part.^

Q. What means of entrance and egress to the mine is furnished.

A. Through a toll gate in connection with the roads already

Q. Are there other parties besides the manager, officers, and
employees of the company allowed to use this road ?

A. Yes, by obtaining permission and paying reasonable tolls.
It acts favorably to the interests of the people themselves on the
grant, inasmuch as it gives the company the power of excluding non-
producers, who, in almost all communities of the country are found
to subsist on the earnings of the workers.

Q. Is there any other reason for practicing this exclusion of
teams from the roads of the company ?


A. Yes. At times when we are getting in our supply of coal and
timber and lagging for the mine there is great activity, especially as
the ore teams are continually running on these roads, and at times I
have noticed as high as twelve or thirteen teams at one time in going
up from the Hacienda to the Hill on horseback, and parties not
acquainted with the country would embarrass the hauling by getting
in positions on the road where it would be impossible to pass each

Q. Now to meet that objection, what has been the custom
latterly as to who shall handle teams upon the road other than those
directly engaged in the business of the company ?

A. It is thought proper not to allow strangers and visitors to
drive themselves on the Hill, for their own best interests, and also
to protect the company against any lawsuit that might arise from
accidents, and from interference with the traffic of the company on
the road. A livery stable is provided here and kept by a Mr. Bohl-
man who supplies visitors, if they so desire, with a suitable driver
and reliable horses to go on these mountainous roads.

Q. State whether or not these teams hauling on this mountain
grade, that you state is narrow in places, wear bells.

A. Yes/

No Coercion or Intimidation of Voters No Man Discharged for Political Reasons
Conclusion of Superintendent Jennings' Testimony. The taking of testimony in
the Sullivan-Felton contest was resumed at New Almaden yesterday morning,
Superintendent Jennings being still on the stand:

By Mr. CROSS :

Q. What can you say as to the employees of the company as to
having families or being single men ?

A. A large proportion of our employees have families here, and
the management desire to encourage this class of labor.

Q. What means have they provided for the housing of their em-
ployees having families ?

A. The cottages before alluded to, built by the company. The
employees can also erect dwellings of their own on the company's
ground, by paying a monthly ground rent of fifty cents a month.

Q. You have given some testimony that the ore bodies are scat-
tered and have to be prospected for; what effect would it have upon
the best interests of the company as to the right to prospect for and
develop or.e bodies in the ground if the company was parting with
the title to portions of its land for the erection of these cottages ?

A. I think it would be disadvantageous.

Q. .Can you state what number of cottages the company owns for
occupancy of its employees ?

A. More than 100 are rented to employees for the occupancy of
their families.

Q. What are the rents the company charges for those cottages ?


A. From $2 to $8 per month; a fair average would be about $5
a month.

Q. What number of cottages on t v he company's land are owned
by private parties other than the company ?

A. There are 119 such houses owned by 91 different parties.

Q. How many of these are owned by the employees of the com-
pany ?

A. Ninety-one of them, though there are some held by old resi-
denters, who were formerly in the employ of the company, but are
not now. These are leased by such parties to employees of the

Q. State whether or not the company encourages or discourages
the occupancy of cottages upon its land by other persons than those
who are employed by the company or directly administer to the ne-
cessities of those so employed ?

A. No. They do all in their power to exclude such persons.

Q Is there any exception to that ?

A. In the case of families, or those who have formerly been em-
ployed by the company; the families are often allowed to remain to
suit their own convenience until they can locate elsewhere

Q. State the material and character of these cottages furnished
by the company for these employees.

A. They are built of redwood with a shingle roof and board
partition walls as a rule (though some are plastered), and lined in
with such linings inside as are usually used in these climates of Cal-
fornia; the repairs are in the main kept up by the company.

Q. What can you say concerning the grounds, and fences, and
improvements about these cottages ?

A. The management desires to have them neat and orderly as far
as possible, and encourage in every way the people to make them so
by giving them cuttings of plants from the main garden, and free
use of whitewash and such like encouragement free of charge.

Q. State whether or not these cottages are fenced and have
flower gardens about them ?

A. Yes, and that is shown in the photographic exhibits already

Q. What is done with the rents received from the cottages that
belong to the company and the ground rents for such cottages ?

A. They are turned into the funds of the company and appear
on their books as receipts ontside of the sale of quicksilver.

Q. Mr. Jennings, can you state the nationalities of the heads of
families which rent houses from the company ?

A. Yes. Americans owning houses 2; French, 3; Mexicans, 38;
English, 48.

Q. Who owns the largest number of houses outside of the
company ?

A. One of the oldest residents here, Mr. Francis Meyers. He
owns sixteen. He was formerly one of the chief mechanics, and his
last hard work was in the capacity of chief carpenter and architect
of the Santa Isabel shafthouse building.

Q. Has he any connection whatever with the company or its
management ?


A. None at the present time.

Q. Make a statement of the water supply for the residents in
these cottages.

A. The water supply for the Hill cottages is one of the purest I
know of anywhere. The water is taken from an adjacent mountain
ravine, some two or three miles away, and is conducted in iron pipes
up and down declivities, and is disbursed and distributed to the
various shafts for the use of generating steam power, and is also
distributed at different prominent and easy accessible points to the
cottages from large tanks.

Q. What about protection from fire in connection with this water
supply ?

A. A hydrant is placed near the central portion of the English
camp, with the water under pressure of over 100 feet with large sup-
ply tanks in case of necessity.

Q. What price does each cottage pay for water?

A. Fifty cents a month. This water system was established some-
where about 1881 or 1882, at a cost to the company of $15,000. Be-
fore this system was in use the company had made efforts to put in
tanks at some points, by leading the water from adjacent and local
springs to one or two places in the camp, but it was comparatively
inconvenient for the people, as they would have to carry the water
some distance, and in the Spanish camp it was even necessary for
the cottagers to supply themselves with water by purchasing water
from a Mexican water-carrier in the early times the water being
transferred in little barrels on burros.

Q. Who owns the buildings in which the business of merchan-
dizing is carried on, on this grant ?

A. The Quicksilver Mining Company.

Q. Who owns the business and stock of merchandise handled in
those stores, and who conducts the business ?

A. The stores are leased to Messrs. Derby and Lowe directly
from the New York office, the lease being signed by the President o*f
the company there. Messrs. Derby and Lowe sell provisions and
other merchandise to the employees and other persons on the com-
pany's grant, and outsiders who desire to trade with them, and they
do not furnish the supplies or materials used by The Quicksilver
Mining Company, except in small quantities. Messrs. Derby and
Lowe have in no way any control over the employees of this com-
pany, as the management is alone invested with the power of employ
and discharge. Messrs. Derby and Lowe are private individuals,
and in my whole term of office I have never in one solitary instance
discharged a man at the request of either Messrs. Derby or Lowe,
and I have received no formal complaint from the employees against
their prices.

Q. Have Messrs. Derby and Lowe any other connection with the
company except that they lease stores from the company ?

A. No.

Q . Ho-w many stores do they lease ?

A. Two stores, with store houses and cellars.

Q. Mr. Jennings, you may state anything you may know of the
Boleto system, so called, as practiced at those stores?


A. The Boleto system arises in this way : The company pay but
once a month, at a regular pay-day. That pay-day is well known to
employees; and in the whole history of Mr. Randol's management
that pay-day has not been missed in one solitary instance. The
company make no provision to advance men pay before the regular
pay-day, but if the men desire advances they get them at the store;
the store gives no credit on goods, but issues orders payable in goods
at their store; these orders are printed on small pieces of card-board
and called boletos. These orders when advanced to them are
charged against them by the store-keepers on their books, and the
amount charged against each man is reported to the company at the
company's main office before pay-day, and the money thus advanced
by Derby & Lowe for the convenience of the employees themselves
is refunded to Messrs. Derby & Lowe by The Quicksilver Mining

Q. How many butcher shops are there on the grant ?

A. There are two butcher shops on the grant; one at the lower
camp called the Hacienda and the other at the Hill camp in Spanish
town; the butcher also supplies the inhabitants by means of a regu-
lar butcher cart or delivery wagon. These butcher shops are leased
at the present time to Mr. Dulion.

Q. How many stables are there on the company's land ?

A. There are quite a number of stables that are made use of by
the main contractor Bohlman, who does our hauling of all descrip-
tions by contract. It is found by experience that it is better to con-
centrate all this work in the hands of one reliable party rather than
several, and Mr. Bohlman has numerous teamsters and over 100
head of horses in connection with his work, but the only relationship
that this company have with Mr. Bohlman is that of a contractor and

Q, Are any of these stables so leased to and occupied by Mr.
Bohlman's livery stables ?

A. One is.

Q. What provision is made for furnishing board and rooms to
such employees of the company as have no families of their own with
whom to reside, upon the grant ?

A. There are several boarding houses on the grant which are
managed by different parties. The party that has the boarding-
house at the lower camp is a Mrs. Hancock, whose husband was
killed in a sad mining accident some years ago; and the main board-
house on the Hill is conducted by Mrs. Robins, and there is also a
Mexican boarding-house. These boarding-houses are leased to the
occupants by the company.

Q. How many employees of the company are accommodated at
these boarding houses?

A. It is a very variable matter because the single men class of
labor is the most fluctuating. At present about a hundred.

Q. What rates do they pay for board ?

A. Seventy-five cents a day I believe for table board. If they
room at the boarding-house about ten cents additional per day.

Q. On what condition are vegetable peddlers allowed to go upon
the grant?


A. Vegetable peddlers have been allowed the privilege by simply
paying ordinary toll for their class of vehicle, and on their showing
themselves reliable parties for the employees to deal with.

Q. What privileges have the occupants of the cottage outside of
the cottages and land referred to in connection with the cottages ?

A. They are allowed the pasturage of their live stock on the
company's grant. I think there must be altogether say nearly 200
head of stock thus pastured upon the company's ground.

Q. How are the materials and supplies for the mine obtained ?

A. There are various kinds of supplies that we need, and they
are purchased here and in San Francisco, as is most favorable for
the company. All such supplies as foundry work, and steel, iron,
candles, hardware, fuse, powder, etc., are bought by the Manager
in San Francisco, who has a reputation there as a very close buyer
for the company.

Q. How is the wood and timber used at the mine obtained ?

A. That is obtained by contract made by the Superintendent
with such parties as have such material to sell in this vicinity. The
coal is bought by the Manager in shipload quantities. We are now
consuming over 5,000 tons a year at the different engines.

Q. How is it transported to the mine from the ship ?

A. Formerly it was sent to San Jose, but now since we have
railroad communication it is taken from the ship to the terminus
here, where it is deposited in bunkers and is taken thence by our
contractor, Mr. Bohlman, at stated and regulated prices to different
portions of the company's property as needed.

Q. What is the distance from the nearest railroad stations to this
point on the mine where we are now taking testimony ?

A. About two miles.

Q. How many different railroads from San Francisco and San
Jose have stations at a distance of two miles from this point or a
little over ?

A. Two different railroad systems. They have regular daily pas-
senger and freight trains on both lines.

Q. What quantities of ore are annually transported to the furna-
ces from the different portions of the mine ?

A. About 40,000 tons per year.

Q. Calling your attention to election and political matters, state
whether or not during your term of office, Mr. Randol, the Manager,
has ever communicated to you any directions, instructions or re-
quests, or officially dictated to you with regard to how you or any
of the employees of the mine should vote at any election for na-
tional, State or local officers?

A. No.

Q. During that time have you ever given any directions, instruct-
ions or intimations to any of the officers or employees under you as
to how you or the Manager wished any one to vote at any election
for national, State or local officers ?

A. No..

Q. Who alone has power to discharge men ?

A. I have the absolute supervision of the discharge of all the men.

Q. Since you have been Superintendent of this mine has any


man ever been discharged from the employ of the company on ac-
count of the manner in which he had voted or intended to vote, or
on account of any political reason ?

A. I have never so discharged a man.

Q. To what party does Mr. Randol belong ?

A. Mr. Raniiol affiliates with the Republican party.

Q. Where had Mr. Randol been from the time of the political
conventions up to the election held in November, 1886 ?

A. He had been in the East, out of the State entirely.

Q. How long had he been back at the mine before election day ?

A. I believe he returned here the day before the election.

Q. Did you have any political talk with him the night before
election ?

A. Yes, we always discussed politics in a personal manner, hu-
morously, in which connection, the night before election, he told
me he thought there were very few important issues involved in the
election, and it was very immaterial to him how the election went.

Q. With what party do you affiliate and with what party have you
affiliated in the past?

A. The absorbing nature and responsibilities of my duties here
have prevented me from even the possibility of taking much interest
in politics. Just before election I read the papers on both sides,
and unfortunately I see that one partisan paper will make one man
a villain and the other partisan paper will make the other man a
villaip, and it is very annoying and trying to me to make up my
mind as between villains, though in truth they may be all most hon-
orable men. The place of my birth, Kentucky, gives me a kind of
leaning towards Democracy, but I also graduated at Harvard Uni-
versity which is thought to be a kind of hot bed of the Mugwumps,
and so I may. be perhaps a little tainted that way myself. I have
scratched unmercifully. I fear that my individual politics had very
little weight at the election of November, 1886. I know it as a pos-
itive fact that my main political idea had but little weight here then.
I know it from the fact I cast at this precinct the only vote for the
head of the American party ticket.

Q. Have you any knowledge of any individual or official efforts
being made by any officers of this company at the election of Novem-
ber, 1886, against Mr. Sullivan personallv ?

A. No.

Q. What do you know about the politics of Messrs. Derby and
Lowe, who have been attacked in this contest?

A. Mr. Lowe is a Republican and Mr. Derby a Democrat.

Q. There has been some evidence given on the part of the con-
testant, tending to show that you were about the polls a good deal
of the time that day; state the facts in regard to that matter.

A. In fact, as far as I know, I was very little at the polls, but in
order to go from my dwelling to my office I had of necessity to pass
the place, as the sidewalk leading thereby was the only way of getting
there. I probably thus passed the polls two or three times during
the day, and once in company with Mr. Randol; I believe that is
the time the witness testified seeing me; altogether I suppose I must


have been about the polling place a half or at most three-quarters of
an hour during the day.

Q. "Did you, yourself, or did Mr. Eandol in your presence, do
anything to influence, control or coerce, or intimidate any voting
employee at that election ?

A. No.

Q. How were the members of the election board of that election
appointed ?

A. In the usual manner prescribed by the Code.

Q. What is the distance by the road, approximately, from the
English and Mexican camps to the polling place ?

A. I should estimate over three miles to the Mexican camp, and
two miles and a half to the English.

Q, What means were provided for such employees of the company
as desired to vote, to travel from the Mexican and English camps to
the polling place ?

A. The men were brought down in stages from the Hill to near
the polls.

Q. What is it to the men themselves to be brought down and
returned in stages ?

A. That they thus had an opportunity of all voting and returning
to the occupation at which they are ordinarily engaged.

Q. What would be the effect on the ability of the men to perform
further work that day if they walked down and up the Hill instead
of riding ?

A. I do not think they would be in as good a condition for wprk
as if they had a conveyance, nor could they do it in as quick time.

Q. State what was the position where the Great Register hung
on that day ?

A. It is right near the edge of the bridge towards the store,
nearly 40 feet from the 100-foot limit, outside of the limit.

Q. Some testimony has been given concerning Mr. Bulmore
having a book about the polls in which he wrote. State what you
know about that book ?

A. Mr. Bulmore's book is an alphabetical list containing the
name of every voter in this precinct with his register number. Mr.
Bulmore so far as I know, had no reason for having this book other
than to facilitate the voting of the men as they came down, or came
about the polls.

Q. How was that a convenience to the men for him to have a
book alphabetically arranged, with the Great Register number of
each voter opposite his name ?

A. They could find their names quicker in this book than they
could from the Great Register. Some Mexicans also are not able to
read English, and required assistance in this matter.

Q. Some testimony has been offered in this case by Mr. Kennett.
Did you know Mr. Keunett ?

A. Yes.

Q. Did he quit the employ of the company after you came here ?

A. Yes.

Q. Do you know whether or not he has applied to the company
for employment since that time ?


A. I do.

Q. What evidence have you which you can present concerning
that matter ?

A. I have three letters, originals, which I desire to read. The
first is dated :

ALAMEDA, Gal., May 13, 1885.

To J. B. Randol, Esq., Manager DEAR SIR: Can I obtain employ-
ment with you at New Almaden or elsewhere.

Very respectfully,

The reply was :

SAN FRANCISCO, May 14, 1885.

F. B. Kennett, Esq., Alameda, Gal. DEAR SIR: Keplying to your
note of yesterday, I regret that it is impossible for me to give you
employment at present. Yours truly,

The next is dated :

ALAMEDA, May 17, 1885.

J. B. Randol, Esq., Manager DEAR SIR: Your favor of 14th re-
ceived; I desire to state that in the event of your requiring my ser-
vices I will be pleased to engage with you for as long a term as you
may desire, and pledge myself to a careful attention to your interests.

Yery respectfully,


Q. Was all of that correspondence subsequent to that date when
Mr. % Kennett was last in the employ of the company ?

A. Yes, I have before stated that I took the position of Superin-
tendent here in September, 1884, and Mr. Kennett left I think the
latter part of the same year.

Q. James Beedy has given some testimony in this case in which
he states that he was discharged by Mr. Bandol from his position as
coachman for political reasons. Will you state what you know about
Mr. Beedy's discharge and the cause of it ?

A. I know about the cause of his last discharge, but I understand
that there were numerous discharges he claims to have had here,
but I know about the last. That was soon after taking my present
position here, Mr. Reedy, as I understand it from Mr. Bandcl and
others, bought a horse for The Quicksilver Mining Company, or at
least aided in the purchase of a horse for The Quicksilver Mining
Company, known as Dixie; this horse was finally thought by Mr.
Bandol, and for good reasons, to be tricky and dangerous, and Mr.
Beedy had never informed him of the nature of the animal, although
he drove Mr. Bandol's little children and wife out with it. After
discovering the nature of the horse Mr. Beedy was discharged, and
the subsequent career of the horse was such that there could be no
doubt about its disposition. He was put into a four-horse team and
started the whole four horses running away and some portions of the
wagon were injured and one or two of the horses hurt; in fact Dixie
himself was so disabled that he was sold for half the original price
paid for him.

Q. In what capacities was Mr. Beedy employed about the mine
after that?


A. Mr. Beedy had a very large family here, and appealed to our
sympathy, and was allowed to remain in the company's house after
he had obtained employment of Mr. Frank Bohlman, the contractor
for the teaming here, and I believe drove his team, but had some
trouble with Mr. Bohlman which I do not know personally. After
the trouble with Mr. Bohlman he left the camp owing the company
for house rent $26. He never paid that rent to this day.

Q. Did his family remove from the property immediately after
his discharge ?

A. No; his family remained here until he had sought employment
elsewhere; until he got a house in San Jose for them.

Q. Some testimony given on the part of the contestant seems to
be an attack upon you personally and your conduct in connection
with the property. What have you to say in regard to that matter.

A. I desire to say here, that, feeling conscious of my integrity
and good purposes, and feeling sure that any of my personal ac-

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Online LibraryFrank J SullivanA contested election in California. ............ vs. Hon. C.N. Felton. Testimony of the qualified electors and legal voters of New Almaden .. → online text (page 4 of 16)