Sittings of the Commission
Part VI

By Edward Huggins
The Sunday Oregonian
August 26, 1900

In the early part of the Summer of 1865, I was informed that a Commission had been appointed to take evidence as to the extent and value of the Hudson's Bay & Puget Sound Agricultural Company's claims in Washington Territory, and I was instructed to engage the services of Frank Clark, an attorney residing at Steilacoom. Clark had never practiced outside of Washington Territory, and was not by any means considered to be a first class lawyer, but was possessed of a good share of natural shrewdness.

He was very quick at taking advantage of every opportunity, which would accrue to his particular benefit, and bore the reputation of being very clever at managing to persuade a jury to do as he wished. Ex-Judge Lander, formerly Territorial Chief Justice, was the leading attorney employed by the company on this coast, and Clark was his assistant. It was thought that the latter would be very useful in obtaining witnesses for the company, and so he was.

Another reason was, to prevent the other side from employing him, as, there, he could have given us a great deal of trouble. Clark and myself went around and obtained quite a number of people who were well acquainted with the business of the Puget Sound Agricultural Company, and were good judges, it was supposed, of the value of its claim. There must have been upwards of 25 of them, and among the lot were a few of the leading people of Olympia.

I remember ex-Surveyor-General Tilton and Ed Giddings were of the number. No arrangement was made for the compensation of these witnesses. The Hudson's Bay Company sent up the steamer Otter to convey the witnesses to Victoria, where the Commission sat. I accompanied the party and took, charge of most of the witnesses, such as providing them with hotel accommodation and paying them for their services.

The United States Consul at Victoria, Mr. Francis, and Attorney Carey Johnson, of Oregon City, acted for the United States, and Judge Lander and Frank Clark for the companies. I have forgotten the name of the Commissioner who acted for the companies, but know that Consul Francis acted for the United States. The evidence was taken down in writing, and I recollect that it was very voluminous.

The Commission sat for about two months, but the witnesses were gotten, rid of as soon as possible. The majority of them were paid $10 a day, and they were paid at that rate, including the day on which they left their homes, and the day upon which they returned, in all, perhaps, an average of 10 or 12 days. Some of the witnesses, men of higher standing than most of the main lot, were paid at the rate of $20 a day.

I recollect I paid one of them, after his return to Olympia, and the amount I gave him was about $600. But this much I know, for certain, that the witnesses had the least idea of what they would receive before being told by myself and I must say I was very much surprised when the board of management of the companies affairs at Victoria, in answer to my inquiry, told me the amount per diem they were to be paid, and I am quite sure they would not have grumbled had the compensation been only $5 instead of $10.

All their hotel expenses were paid. as well as their steamboat fare home, which, at that time, was I think, $10. One of the witnesses got drunk soon after his arrival, and kept in that condition all the time, so much so as to be totally unfit to testify before the Commission. One afternoon, by a assisted  friend. I led this unsteady chap through the streets, and put him on board the steamer for home, and nearly got arrested for shanghaiing a man.

We had to use a little force in putting him on board, and some saloon hangers-on raised the cry of, "Man being" kidnapped." This man was not settled with before leaving Victoria because of his condition, but some little time afterwards he had the impudence to send me a bill demanding pay for his services. Acting under instructions, I paid him. The company also paid his hotel bill, also a bill presented for liquor furnished. 

I must say though, that this man was not a native-born American, but a foreigner, formerly of good standing. After becoming a citizen of the United States, he held responsible positions, and was at one time well respected, but liquor got away with him, poor chap.