The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-05
NOTHING SETTLED AS YET.
But the Governnet Loses None
of Its Rights.
TROOPS USED IN THE STRIKE.
The ACKNOWLEDGEMENT Explains Why
1t Was Necessary to Call Out
the Soldiers.


Generals annual reportto Congress. made
public to-day, shows that the affairs with
which the Department of Justice has had
to deal during the past year have been in
some particulars of unusual interest and
importance. From the figures given the
continuous growth of the business in the
Federal Courts is manifest. In speaking
of the Supreme Court the Attorney-Gen-
eral says that at no distant day it will be
'as distinguis he'd for the promptitude with
which decisions are made as it was once
for the delays inevitably accompanying
them." and predicts that the court sin the
course of few years will be able to dis
pose of its docket in session of two or
three months. while the justices will be
able to devote a reasonable amount of
time to the Circuit Court of Appeals, and
thus materially add to the efficiency and
prestige of those courts
After mentioning the steadily increasing
business Of the Circuit Court of Appeals,
Mr.. Olney suggests that, as the system has
come to stay, an additional Circuit Judge
should be appointed in each of the seventh
and ninth circuits, and possibly in the
sixth.
The facts concerning the claim presented
by the United States to the executrix of
the estate of Leland Stanford is tersely
stated in the report. 1t is shown that
under the constitution of California. each
stOckhOlder of corporation is individ-
ually and person ally liable for his proper
tion of all its debts and liabilities; that
the Central Pacific Railroad is a California
corporation, and In the year 1869 alb
sorbed the Western Pacific Railroad Com
pauy, which was also California corpora
tiop; that aid was given both corporations
by the United States in the shape of sub
sidy bonds, and on account of which, and
the interest paid thereon by the United
States, there will eventually result,
when the subsidy bonds shall have
all matured, an Indebtedness to the
United States aggregating in round
numbers 500. coo. 600; that Leland Stanford.
at the time the subsidy bonds were ad-
vanced, owned stock in both the railroads
to the extent of one-auarter of the whole
stock, and hence became liable to the
United States TO the extent of one-quarter
OF the indebtedness. The report states
that the claim involves complicated and
strenuously contested questions, both of
law and fact, as TO the merits of which it
is lIu pOssIUi0 W lOl any Jug
ment in advance of a thorough judicial
Investigation.
Ga this point the Attorney General says:
cit was plainly the duty of the depart
ment to see that the claims, whatever its
merits or its value, was not prejudced by
the decease OF Stanford and the admins
tration of his estate in the probate court.
The claim was presented. and except this
no action has yet been taken. l have
offered to bring suit upon the claim at
once, upon the defendants agreeing that
evidence taken In it should be considered
evidence in any subsequent suit. il such
subsequent suit were found to be necessary.
This proposition has not yet been ac-
copied"
The Attorney General briefly reviews
the course taken by the department with
reference to the "Commonwealers."
Mr.. Oney devotes several pages Of his
report TO the Pullman strike, in the course
of which he says the relation to it of the
Department of Justice was indirect and
rose only when the railroads of the coun-
try became involved and the passage OF
the United States mails and the move
ments Of interstate commerce. were inter-
fered with. The Attorney General re-
views the action OF the United States Mar
shall under the direction of the Attorney
General in procuring an INJUNCTION from
the United States Court against Debs and
his associates and says it was hoped that
the vigorous measures taken by the Mar
shall would prove adequate to the emer-
gency and resort to the military arm of the
Government would be unnecessary. The
situation, however, did not improve and
on July it had become so serious that
troops were called for and the strike at
Chicago, so far as it involved the obstruc-
ton of the United States mails and the
paralyZing OF interstate commerce, was
practically broken when the United States
troops reached that city.
10 commenting on the status of the
Union Pacific Railroad Company as
creditor of the United States reference is
made to the report of Hon. George Hoad-
ley, special counsel for the United States.
In the same connection the Attorney Gen
eral quotes at length the report he made to
Congress on April 26 last, explaining the
repetition OF said report as follows: Cali
the reasons therein stated for imm ediate
Congressional action looking to reor-
ganization of the Union Pacific Railway
Company still exist-indeed have only in.
creased in force by lapse Of time"