Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-02-04

The fause OF Suit.
WAssrsozos, Feb. 3.-The communi
cation of the Railroad Commission !.
the Secretary OF the Interior. in which
suit against the Union Pacific Railroad
Is recommended, has been delivered n
the latter official for his approval. In.
communication includes all the Govern
Ensrt claims ega:nss the road and in
wolves tue construction Of the act o1
May, 1873, Thurman Actl which re
qHire8 the tHion Pacific and the Contra
Pacihc 70 pay p per cent. of their earn
ing5 INTO the sinking fund for the pur.
pose OF paying az maturity the amount
! advanced hy the Government. The
Central Pacific has paid 20 per cent.
but the Union Pacific claims the rich,
to deduct from thu gross earnings foi
new construction and new equipments
Ihe act OF May, 1875. forb;ds deductions
except what Is necessary for expenses
and the Railroad Commission has in
sisted that expenditures for new con
strCction and new equipments are not
necessary expenses. The Railroad Coui-
| mission hes insisted that expenditures
Tor new construction and for new equip
fnents are necessary expenses, actually
paid within the year IN operating the
| same, and keeping the same in state
of repair. ana has declined 20 settle
upon any basis which dedu,.s such
items from the gross receipts in ascer-
taining the net earnings. The question
| has been IN controversy about four years
| and half, and during that time the
| Union Pacific Company refused paw
meIt. The Commission requests the
Attorney General to determine what
| shall constitute net earnings. The
Union Pacific, Kansas Pacific and Den
ver Pacific were consolidated in 1885,
The act of May, 1873, requires these
lines to pay % per cent. of their earn
ings less the cost of transportation of
Government troops and supplies. This
per cent. has not been paid since the
consolidation. The attention of the
Secretary was called to this matter. In
closing the Senator asked that the com
munication be referred to the Attorney
General to obtain judgment for what
ever amount may be found due the Gov
ernment, and that u rtIie be established
20 ascertain what net earnings mean.
The communication has been sent to
the Attorney General, accom- 2anied by
letter from Secretary Teller. The
Secretary called attention to the action
says the total amount claimed due the
Government from the Union Pacific
road is xi5,01O000. lie SAYS: '.If you
concur i'll the views of the Railroad
Commissioner, | respectfully invite your
early attention 10 the several matters in
the communication
That Lawsuit.
EEw YoIK, Feb. 3.-The attention of
counsel for the Union Pacific having
been called to the Washington dispatch
stating that the Secretary of the Inter
ior recommended the Attorney General
to bring suit against the company to
recover 81 10000, under the Thurman
Act, Sidney Bartlett and Judge Dillon
authorized the following statement:
Ths Government claims no such an
amount, and proposes the suit as an
amicabie one to settle the disputed
questions III the controversy between
the Union Pacific and the United States,
relative to the manner in which he net
earnings under the Thurman Act were
to be ascertained. The company, under
the advice OF counsel, and under their
construction of the decisions of the
Supreme Court, claim TO have the cost
of new construction and equipment on
tho main lius deducted from the gross
earnings. III order to ascertain net earn
irgs. Iha Commissioner of Railroads
does not concede this claim. and both
parties desire a judicial motion thereof,
and an atnirable suit is about To be
brought with the Government. Under
its construction the claim due is S90l,-
e3I. The company claims to owe only
| $30d,497. The company has not paid
this~ because 1t has n counter claim
against the United States for postal
| service of over Sl,50o,0oo. The COM
pany has brought suit for postal CON-
pensation.
The storm.
LINCOLN, Neb., Feb. IA big storm
is raging. Over six inches of snow has
fallen. Railroad trains are partially
obstructed, hut the chief DELAY is occa-
stoned by waiting tor Eastern connec-
tons.
More Weather.
CsrcAoo. Feb. 3.-There is but little
change in the situation since the day
report. The wires east, south and south
east are still badly obstructed. Rail
road trains in all directions are from one
10 twenty-four hours late, and on many
not q wheel is turning.
Good Idea.
NEW York, Feb. 3.--fhe Mercantile
Exchange has petitioned Congress TO
either relieve trade dollars or make
them on par with the gold dollar.
Asking for an Injunction.
CHICAGO, Feb. 3.-The Western Union
Telegraph Company today filed bill
in the United States Court, praying for
an injunction To restrain the recently Ii
censed company of the same name. in
this State, from doing business under
that title.
Railroad Talk.
statement is published here that the |
Atchison, Topeka and Santa Fo Road is
considering the question of extending |
its line to Bensen. connecting with tho |
Sonoma Railway to Guaymas. a town |
with fine harbor on The Cuff of Cali |
fornia. This plan, if carried out. is said |
to be the establishing of q line of steam |
ers To Japanese, Chinese, Australian aud |
Pacific Island ports. 1t Is claimed this I
port Is GEO miles nearer these points /
than San Francisco. In addition, the /
Santa Fe COMPANY OWES the Southern |
California line from San Diego to Col I
ton, ON the Southern Pacific. This will /
be extended from Cotton 10 the Colo !
rado River, TO meet the Atlantic and |
Ricific. giving the santa Fe another |
coast connection from this port. 1t is l
said that line of coast steamers will be l
run in composition with those of the .. |
Il. & n. Co.
Late Traias.
OMAHA, Feb. S.-Trains from Chicago /
arrived from four to six hours late, in /
making connections with the west /
bonnd Union Pacific. No through train /
from California for two days. Ii is ex- /
pected sometime tomorrow. Tonight /
tho Union Pacific is reported clear the /
entire length. Intense cold and calm 1
weather prevails generally along the /
line. favorable TO railroading but very /
unfavorabss to cattle. which, unless the /
wind starts mp and lifts the snow so rs /
to uncover the grass. will certainly die. /
Condition Of Cattle.
CHEYENNE. Feb. 3.-Telegrams and |
messages receiyedfrom various parts of |
the Territory are reassuring 10 cattle /
men. The Wind has blown sufficiently |
To feed cattle. which are IN an excellent |
condition, becsuss Of good winters
feeding. Losses .nnot exceed one per |