The morning call., 1894-08-22
lit HOLDS MAGUIRE
Cannot LeaVeWashington
Now.
3 DAVE HILLS LITTLE BILL
And the Possible Joker There Is
in 1t.
DAVE HILLS LITTLE BILL
LOOKS LIKE A PUT-Up JOB.
The Move to Bring to Trial Prema-
turely the Suit Against STAN
fOrd'S Estate.

WASHINGTON. Aug. 21.-RepresentatiVe
Mcguire, having departed for California
via New York on last Friday night had
no more ;Ean reached the metropolis than
he received a message from friends here
advising him that attempts would proba-
bly, be made during the closing days Of
the session 70 pass bills in which he was
much interested and urging his speedy re-
turn. Accordingly he returned, and has
been here since and will stay the session
cut.
Though be does not say so. the activity
of the Huntington people made him anx-
ious, lest they might after all try and steal
a march on the Californians and pass
HIPS bill. directing the Attorney General
TO cause a suit to be Instituted against the
Stanford estate. The bill as reported by
Senator Hill. and which passed the Senate
yesterday, was reported to the House to-
day. and Mcguire gave notice that be
would insist upon its being referred TO the
. Judiciary Committee before its considera-
ton by the House.
The CaliforniaDs are suspicious of HIPS
motive in introducing this bill, and are
probably right in their belief that Hunt
ingt0n is back Of it. They think it is his
plan to get decision from the California
courts before the Reilly bill comes up for
action next winter.
.. Mcguire said to The CALL correspondent
- tonight: THE bill is extraordinary In
" character, is crudely drawn and will be in
etfsctual for the purpose intended. The
:: Government cannot by any legislation
:: which it may enact entitle itself to main
:. tain an action upon an obligation which
has not matuFed. That is the sole
:: Purpose of Senator HilPs bill, and
THAT proposition will. of course, be
admitted by all lawyers and is
admitted by the lawyers of the House, but
they say that the Stanford estate, for the
: purpose OF having the claims of the Gov
: eminent speedily determined. is willing to
admi: all of the facts necessary to show
that the Governments right to sue has
mstured. thus presenting for adjudication
the question which must some time be de-
:eided as to the liabilities of the Stanford
estate under the corporation laws of Cali
.foruia for any part of the Central Pacific
RAILROADS. debt.
But there is no legal means known to
me by which representatives of an estate
in. probate can possibly make any such
; admissions concerning any contingent
;: claim against an estate. Even If they
tlous and of character which the courts
,: have always and everywhere refused to
entertain. l have no desire even
for moment to delay the proper
adjudication of the claims of this
Government against the STAFFORD estate
and would be quite willing to aid in
hastening such adjudication, If the claims
could at any time before their actual ma
turity be fully tried and finally adiudi-
Gated so as to bind all the parties, but |
am entirely satisfied that no Judgment rem
dersd against the Stanford estate brought
under the pending bill could for moment
bind the estate and l cannot consent that
fhe Governments claims shall be put to
the Jeopardy Of possible estOppel by pro-
.ceedings which cannot result in any ad-
vantage to the Government. 1t seems
hard that Mrs. Stanford should be the
victim Of circumstances which the heirs
Of Messrs. Hopkins and Crocker escaped,
:but~the fact that they escaped their statu-
tory obligations through the negligence
or Ignorance of former Ia officers of tho
Government affords no reason for reln-
quishing the Governments claim against
the Stanford estate, nor for the adoption
Of premature or Intellectual remedies for
= enforcing its obligation.
" 81 think that leading members of the
House Judiciary Committee agree with me
in the opinion that the proposed legisla-
" ton weuld certainly be Intellectual if mot
Yieious. The bill will be called up on
Thursday, at which time l will object to
its copsidsration. and move its reference
te thes Judiciary Committee"