The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-27

that M Ford, who testified yesterday before the
Foreign Affairs Committee, is well known, popular
character the border. where he has The reputation
Of nlibuster and is Familiarity known as 'Old RIP"
and that he had been holding public meetings In
Texas for which inaammatory handb,lls had been
distributed, declaring that war with Mexico mmi-
and that he authorized TO raise a regiment
State troops.
Nr. Tucker acknowledged to having furnished arms
anu ammunition TO Diaz when he was preparing his
revolutionary movement, but declined giving any
particulars as to how where they were delivered
He likewise admitted the payment OF certain Of
money TO Ford behalf OF the Mexican government
but declined 10 give any particulars.
CHICAGO WHISKY FRAUD CASKS.
The following statement regarding the Roeile. Jun.
ker Ford Is made by authority from she Treas
ury Dspartment:-Thc counsel for Roeile, Junxer b
Fora, the Chicago whiskey conspraors, state in their
published letter to the Attorney General IN substa zee
that their clients stand the suits against them
precisely rs Jacob Rehm stood with regard the
prosecutions against him. The facts the two cases
are entirely different These were dstilicrs Of
whiskey and had property which seized as for
feited TO the government The pending suits relate
entirely TO the forfeiture OF that property and
tor the punishment OF the parties Rehm was not .
dstiller rcc.ner Of sprits and property Of bis
about thirty others, under s44o Revised
Statutes, for conspirng to doiraud tho United States
and Tor doing certain acts effect tho object Of the
conspiracy. He Was promised such immunity as tho
Court should think proper for the offences described
in the indictment II he would turn States evidence,
which he did, and he not released from punish.
ment but sentenced 10 u ine Of $40 900 and I'm.
prsonment Tor Two years. and actually remained in
prison three months and paid enc oil 81, 900, when
no Was pardoned. Penal suits were brought against
him 10 sn force penalty which would subject him
duo OF S. 900 aud mprisonment for three years for
the precise described 10 the Indictment upon
which he had already been sentenced, aud these
pending after ne had suffered his imprisonment and
paid his nne twas not only because Rehm had
fully performed his agreement TO testify against his
co-conspraiors, and had pleaded guilty OF the crime
and suffered fine and imprisonment therefor, but be-.
cause he was now prosecuted for precisely tho same
acts Tor which he had already suffered that he was
discharged The provision OF the constitution that
person shall be subject for the offence to be
twice pct IN jeopardy OF lile limb" applied TO his
cntitl cd him to be released from tho second
prosecution Rullc, Junkcr l. Ford were distlers
OF whiskey. they prosecuted for crime, and
thoir whsskey was seized as forfeited. They turned
States evidence and received full immunity for their
criminal acts being subjected 10 fine ,mprison.
mcnt whatever. They now ask to have heir whiskcy
which was forfeited to the government restored 10
them, and this tho Attorney General and the Secrc-
tary OF the Treasury very properly decline TO do
This proceeding Is against the whiskcy against
the men. Any lawyer, except the counsel for the
whiskey conspirators would readily difference
between the two cases.
THE PACIFIC RAILROADS.
The Senate Committee Railroads to-day heard
tho closing arguments OF Mr. Holmes, representing
the Kansas Pacific, and Judge Shelabarger in behalf
OF The Union Pacific Railroad Company, in advocacy
Of tho plan proposed by Senator Dorsoys bill Tor tho
creation Of sinking fund to liquidate tho Pacific Rail-
roads Indebtedness TO the government
The argument OF the Texas Pacific Railway question
also was resumed before the House Committee on
Pacific Railroads. Mr. Storrs having finished bis state
mcnt Of tho legal points upon which tho Southern
Pacific OF California desired the right build through
FL paso. Governor J. G. Brown, Vice President
tho Texas Pacific road. discussed fully the broad gen.
era question which had governed the policy OF the
government in aiding the construction OF commercial
highways In this connection no argued that all tho
statesmen, oil the school OF strict constructionsts
with Calhoun at the head had maintained tho absolute
power OF the United States TO extend this aid, and
that of the rain Inducements to the negotiation
of the Gadsden Treaty had boon the acquisition OF
tho territory along tho thirty second parallel
through which tho natural rouse Tor trans
continent railway. He then maintained that, by tho
decision of the United States Supreme Court, Con-
grcss had power authorize The erection OF
navgabe streams, and that the Southern Pacific
Railroad Of California had authority to bridge the
Colorado TO as TO come eastward, the Texas and
Pacific Railroad alone having that authority Ho
quoted from the sworn reports OF tho Central ana
Southern Pacific companies tho JOINT ownership OF
which was practically Messrs. Stanford, Hunting
don, Crockor aud Hopkins, showing thor
present floating debt to be nearly Sl4 900. Oo0
besides a bonded debt of nearly $50 o00, O0O
on the constructed portion OF the southern
Pacific road and argued from his that those gsntle
men had neither the money nor credit to build any
lines, and that their only purpose in appearing
here was prevent the construction OF line that
would compete with the Central Pacific. He then dis
cusscd tho bills presented by Messrs icphens
House, Chalmers and Willis, and showed that they all
favored the construction of competing line between
the Mississippi and tho Pacific Ocean, differing only
to tho branches TO DO built from the terminus OF
the Texas and Pacific to the river also that Of
them permitted single bond TO be Issued by tho
pany except TO represent actual COST which could not
exceed SEA, 900 per mite; that the Tcxas-Pacilc
hod built already 445 miles OF road without
a dollar of aid from the government, and
that justice required the extension OF the aid asked
as tho Union aad Central Pacific compan os had rc-
ccivcd S54 600 900 OF bonds and 53,ooOo0o OF
land the Northern Pacific. A. 900 900 acres OF land
and tho Texas and Pacific only Is, 000 900 acres,
portion of which could the latter receive until after
II built 1000 miles through the State OF Texas. Mr..
Thomas A. Scott, President OF tho Texas and Pacific
Railroad Company, then briefly reviewed the grounds
upon which government AID was asked and the ad.
vantascs which the government and people uld
secure through = competing line. He showed that,
with the present prices Of labor and material ami
the ublity 10 market the bonds at par, which
would be secured by the government Endorsement,
OF the interest thereon tho whole amount Of the
nua interest to be paid out OF the earnings OF tho
iuc would be less than 81 900 O00 while the present
yranscontincptal railroad line to earn moro than
four times that amount He further claimed that
under tho plan proposed the interest woald DO PAID
each Six months by the Texas Pacific Company, while
= ip2 fund would gLuduRlX redeem