Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-04-14

sponsibie power. The bill is not impotent and
harmless. but the bill is not even entitled to the
defense of being entirely impotent and harm
less Impotent it is to all the purposes of good
and orderly government, but it has extraor-
binary vigor for evil. 1t establishes an
UNwARRANTEp FEDERAL ESPIONAGE
Over matters confided exclusively to the juris-
diction of the States It invites and encourages
irresponsible and discontinued persons to sub
iect the conduct of their neighbors, their fell
low citizens, to an investigation and scrutiny by
a tribunal before which these persons there
and maliciously accused. have no OPP
portunlty OF appearing, either by themselves or
counsel, or of summoning witnesses or cross-
examining those who speak against them. Ii is
true the tribunal has no power to render judg-
ment against them which win affect their lives
their liberty or their property, but it has the
power, III an eX parte, 1nquisitorial way, OF CIV
ing official fotm and body ana substance to ac-
cusations which there has been no opportunity
TO meet; TO destroy character, and to blacken
the names OF citizens who are not heard Ia their
own defense; TO stamp as genuine and trust
worthy ISLANDERS and libels to give currency to
and perjury. Ii is true it ae-
composites nothing in the way of enaetments
against personal rights, but, like q thief, it
surveys the ground OF future opera
tons, with the view OF taking advantage of a
more favorable opportunity for outrage and
wrong. Considering the tendency of this bill, its
personal rights reserved 10 the States for their
security and protection, considering also its Ca
pacity as vehicle OF calumny and SANDER and
is tendency to destroy the respect and conf
dence of the people in constitutional
guarantees and official justice, it NAV he
Wen to deuounce it as no common or insignia.
cant violation OF the Constitution. 1t destroys
the whole scheme of the Constitution. 1t does
not enter the yestibule merely and defaee or de
stroy some slight ornament, but il saps and uu
dermines the foundations of the temple itself
hs4 &c OF
as in its ends but the bill is still further objec-
tiOnable in that it seeks to attain nneoustilu.
tional euds by unconstitutional means II was
probably lit thar this work of espionage, this in
QUESTION into the conduct of persons over whom
we have no jurisdiction, this usurped function
TO try citizens in their absence, to condemn
without hearing, 20 circulate and give support
TO SANDER and calumny, should be urOsecilted
by perversion 10 the work of Injustice and
wrong of the powers of that department which
was more especially dedicated by the Constitu-
ton TO the administration OF right and Justice
IL would be a terrible but just Tetribution for
cur infidellty to the Constitution if that great
charter for mere party advantage is 10 be de-
stroyed, the rights of the States subyerted, the
rights Of citizens 10 be tr0dden down, that the
instrument selected for these wicked ends
should be that ESPECIAL organism in our system
to whose virtue and intelligence were com
mltted the protection and preservation of all
these"
Could they in more apt language have por-
trayed
THE INQUIsIToRIAL POWERS
Conferred by the Act of 1887 upon the Pacific
Railroad Commission. a body unknown to the
laws and traditions ofthe American people, Lord
High Steward Jeflrey's answer to the Bishop of
London descriptive of the powers of the High
Commission established by James H., was:
This Court does not proceed uDon written allie
cations. Its proceedings are summary and by
word OF mouth, no fixed mode of procedure no
rules OF eVld1nce govern its movements" The
same description which the Pacific Railroad
Nfx
they were members. The high commission of
James II. dared not attempt 10 force its power
by an appeal to the English Courts, although it
knew the Courts had betn PACKED. The Pacific
Railway Commission, with more temerity tried
that experiment and failed. 1t may be asked
why the Central Pacific Railroad Company per
mitted an examination TO be made The an
swec is that the Directors knew that the sever
est scrutiny would reveal nothing affecting the
of the directory. IL was mistake
the doors should have been closed upon this
Commission. An American citizen al xavs
makes mistake when. for mere temporary ad-
vantage to himself he submits to an evasion OF
the rights which lay at the foundation of free
government. These rights are not his to barter
away, and az all times and at all places he
should stand for them at every hazard to him
self II such an error ever can be Justified it
can be i'll the case of these Directors In com
hitting this error they hoped right would be the
result, forgetting that court-martials were always
to convict. The opinion of the Cir
cult Court, which, when called upon to enforce
an answer 10 questions which MT. Stanford IS q
witness declined to answer shows as does the
testimony before you, that The witness had fully
as to what the expenditures in qHeS-
ton were mace for, and that they only refused
to disclose the names of the persons through
whose fundamentally the expenditures had
been made; this not because in relation to any
Of the expenditures asked about; he might If
ne recalled the facts, not give the names. but
because there were persons about whom he
nigh. be asked that policy would dictate a r.
fusal, and therefore as TO all these expendi-
lures he would be silent, stating generally that
none OF them had been made for unlawful pu--
poses; that
ALL HAD BEEN SATISFACTORILY ACCOUNTED FOR
To the company, and that none of them had
been considered when the percentage due to
The Government was to be ascertained. The ex-
pend1ture ON general vouchers amounted to but
an insignificant sum when compared with more
than four hundred millions of expenditure on
specific and unquestioned vouchers; that they
had been made in the payment of large rates of
interest when The company was hard pressed
Tor money and when 1t had to be obtained at
any price, but the facts had to be concealed or
the credit of this company would have been
impaired l! the situation had been made public: |
That they had been made i'll part as secret
service expenditures are made, not only by all !
business men tut by the Government; that to
make public names would destroy the purposes
and in many instances ieOpara iZe the safetv of
the agent: To illustrate, hundreds of miles of
The rod runs through spa1sely inhab- !
tied seetio :, AID are open to the |
iepredations OF highwaymen, and the
sllrest way to protect life aud property was 10 |
engage desperate men, who were willing TO take !
Ihe FISK OF becoming seeming accomplices, and !
Il they could not prevent could at least give in |
formation which would lead to the detection |
and thus to the prevention in the future. To |
have named these men would have been to |
doom them TO certain death Many of these !
expenditures were made through the Law De- |
and full explanation of these were |
offered, as appears from the record to the COM |
mission and declined. Scarce was the Central !
Pacific road under way before an investigation !
was begun and from that hour to this ali of its |
workings have been under light thrown on il |
by investigations. The Directors have never had |
nything TO conceal except those things which il
was necessary to the success of every business |
operation should be concealed. Its books |
IL papers and vouchers have been examined |
and r5-eXamined until they have almost been |
1eiaced. tor two mouths before the arrival OF |
me present Commission, every department in |
he service of the company set to work to pre- |
pare the information which the Commissioners |
1eSrled TO have, aud this to the exclusion of al
most all other business. The committees of |
Boards of Supervisors aud Federal officers have |
bean engaged in these investigations Railroad |
commissioners - some of them men of the |
highest standing and reputation, to whom no !
)ne would Impute an evil thought or design, |
who have Investigated these books and youch- |
ers which have adjusted all of the accounts |
with the Goyernment-al reported that the !
BOOKS were fairly and honestly kept and that |
III sums due 10 the United States had been paid |
)ver.
WHEN THIS COMMISSION ARRIVED
Every facility was offered for the examination |
)f the books and accounts, and to the taking of |
no objection was made No OBJ |
tacle was placed III their way for obtaining the |
lhject for which the Commission was created |
The Government of the United States itself |
places large secret service fund at the dis |
Dosal of the President. There is no kind of |
business carried on in which some expenditures
Ire not made ana some transactions had which |
f made public, could but result in the defeat OF |
hD NJ gaf Tfrht 20 10.
discovered by the Commission but it had ali |
ways been known, that the President and other |
lffcers OF the Central Pacific Railway Company
1ad expended money upon what were called |
general vouchers BY this | mean vouchers
which did not contain the specific items Some of |
he Railroad commissioners have thrown these |
vouchers out in the accounting with the United |
states as to the net profits; but this was wrong,
md the company was entitled TO credit |
or them. for all of those expenditures had been
passed upon by the company and approved and |
-atiiied by the stockholders. and this was the
best voucher the officer could have. The Cen
raj Pacific Railway, or any other railroad com
oany doing considerable business, must nee
sssarily have in its employ many men even to
name whom would defeat the purpose of their
employment, although that purpose was honest
enough and an absolute necessity to protect the /
business of the company. The Whole of these
expenditures, when compared with the vast re-
,elpts of the company for twenty years-SiO0,-
20, OO-amOunt TO a mere bagatelle.
If II should be rejected in the settlement with
he Government and thrown out, the amount
hen due to the Government would be a sum
'reatly less than that which the Government of
he United States now uDjustly detains from the
company. 1t was prOpOSed to inourp into those 1