The record-union., 1894-12-05
DEPARTMENT OF JUSTICE.
AFFAIRS DEALT WITH DURING
THE PAST YEAR.
Additional Judges of the Circuit Court
of Appeals NeeGed-The Pacific
Railroad Debts.
Special to the REcoRp-US1oS.

special 10 the RECoRD-UNIoN.
WASHINGTON, Dec. 1.-The Attorney
Generals annual report to Congress,
made public to-day, shows that the
affairs with which the Department of
Justice has had to deal during the past
year has been in some particulars of un-
usual 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-General says that at no distant
day 1t Will be ''as distinguished for the
prompttude with which decisions are
rendered as il was once for the delays in
evltably accompanying theIn," and pre-
diets that tho court in the course OF a few
years will be able to dispose of its dock ct
IN 4 session of two or three months
while the Justices VIII be able to devote
a reasonable amount of time to the Circuit
Court of Appeals ana ehus materially add
to the efficiency and prestige of those
courts.
After mentioning the steadily increas-
ing business of the Circuit Court of Ap-
peals, 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 pre-
sented by the United States to the ex-.
ecutriX of the estate of Leland Stanford
IS tersely stated in the report. 1t is shown
that under the Constitution of California
each stockholder of a corporation is indi-
vidually ana personally liable for his
proportion Of all its debts and liabilities;
that the Central Pacific Railroad is a Cali
fornia corporation, and in the year 1869
absorbed the Western Pacific Railroad.
which was also California corporation:
that aid was given both corporations bv
the United States in the shape Of subsidy
bonds, on account OF which and the in
terest paid thereon by the United States
there Will eventually result, when the
subsidy bonds shall have all matured. an
Indebtedness to the Unites States angre-
eating IN round mum bers 500. 900 900:
that Leland Stanford at the time the
subsidy bonds were advanced owned
stock in both the railroads TO the extent
OF one-Quarter of the whole stock, and
hence became liable TO the United States
to the extent OF one-quarter OF the in
debtedness.
The report states that the claim in
wolves complicated and streuuousiy con-
tested questions. both of law and OF fact.
as to the merits of which it Is lmnossible
to form any reliable judgment in advance
OF thorough Judicial investigation.
On this point the Attorney General
says; 1T was plainly the duty of the de-
partment to see that the claim, whatever
It's merits or value, was not preiudiced
by the decease of Leland Stanford, and
the administration of his estate in the
Probate Court. The claim was presented
and except this no action has vet been
taken. | have offered To bring suit upon
the claim at once, upon the defendants
agreeing that the evidence taken in il
should be indeed evidence in any subse-
quent suit, if such subsequent suit were
found to be necessary. This proposi-
ton has not yet been accepted"
The Attorney General briefly reviews
the course taken by the department with
reference to the commonweaIerS.
Mr.. Olney devotes several pages of his
report to the Pullman strike, in the
course of which he says the relation of the
Department OF Justice was indirect, and
arose only when the railroads of the
country became involved, and the pas
sage of the United States mails and move
mentS OF interstate commerce were inter-
tered with. The Attorney-General re-
views the action of the United States Mar
Marshal, under the direction of the Attor-
ney-General, in procuring an Injunction
from the United States Court against Debs
and his associates, and says it was hoped
the vigorous measures taken by the Mar
Shal 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 Sd it had become so serious
that the troops were called for, and the
strike at Chicago, SO far as il involved
the obstruction OF United States mails
and the paraiyzing of interstate COM
merce, was practically broken when the
United States troops reached that city.
In commenting on the status of the
Union Pacific Railroad Company as a
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
General quotes at length the report he
made to Congress on April Goth last, ex-
planning the repetition of said report, as
follows: "All the reasons therein stated
for immediate Congressional action look
ing to reorganization of the Union Pa
citic Railroad Company still exist-in-
deed, have only increased in force by
lapse of time"