The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-24
ATTORNEY GENERAL FITZGERALD
TO HAVE THREE ASSIST
ANTS.
MEN OF HIS OWN SELECTION
THE RAILROAD Commission WILL
EMPLOY r. Y. HAYNE, w. w.
FooTE AND J. G. DAILY.


ing legal contest in the United States Cir
cult Court is to be virtually for the life of
the commission. and it has been decided
to employ w. w. Foote, Robert Y. Hayne
and J. G. DAILY as special counsel.
Ever since the gage of battle was thrown
down by the Southern Pacific 1t has been
the idea of the Commissioners to have
outside counsel associated with the States
legal defender in this case, but their efforts
to accomplish this were unavailing here
tofore, owing to statute which made it
necessary to secure the written consent of
the Attorney General to employ such
counsel.
At the meeting of the commission on
Thursday last an attempt was made to
pass resolution appointing W. W. Foote,
D. NJ. Delmas and A. J. Clunie as assistant
counsel in the case wherein the Southern
Pacific Company seeks to have set aside
the action of the Commissioners in re-
ducing grain rates per cent, and to pre-
| vent the carrying out of the boards inteh-
| ton to reduce all rates within the State an
! average of 20 per cent. At certain stage
of the proceedings, however, they deemed
| it proper to consult the AttorneyGeneral,
and he then called the attention of the
| Commissioners to the statute referred to
| requiring his consent in the matter. He
| further stated that he did not think addi-
| tional counsel was necessary at that time.
| When the case came up for hearing on
Monday, on the motion to have the tempo
rary injunction set aside, the Attorney
| General asked to have the matter post
poned until the 4th of November. Com
missioners La Rue and Stanton were pres
| ent during the proceedings, and later in
| the day called a special meeting of the
| board. the principal object of which, as
| was subsequently shown, was to take &C
ton to provide special counsel in the case,
in which the shippers OF the State are so
vitality interested. After little debate the
| following resolution was unanimously
adopted:
WHEREAS, The Board of Railroad Commits
sioners, by order of the United States Circuit
Court has been absolutely restrained from
| regulating the rates of the Southern Pacific
Company or its leased lines for the transporta-
ton OF passengers and freight in the State OF
California, ana application has been made by
said company for perpetual I'M junction re-
stra1ning and enjoining this board from the
further performance OF its duties; and whereas,
the question to be decided is matter of vital
Importance to the shippers of this State, in
volving not only the matter of rates, but also
the authority of this board to determine the
same, be it
Resolved That this board, in accordance with
the provisions of an act approved March 16,
1898, do hereby respectfully request the writ
| ten consent of the Attorney General TO employ
counsel TO act in conjunction with him in all
matters appertaining to said case now pending
in the United States Circuit Court. and in all
matters and actions arising therefrom until
| final termination thereof.
! Provided that the fees and expenses of said
! additional counsel shall be determined by the
| State Board of Examiners and paid by the State.
This was served on Attorney General
! Fitzgerald yesterday and as result there
was a conference of over two hours be-
tween him and the three Commissioners
during the afternoon. The situation was
thoroughly discussed and the Attorney
General then replied to the communica-
ton of the board as follows:
In response TO your request and in pursuance
| of the authority invested in me by section 412
of the Political Code OF the State of California,
| as amended by the act approved March 10,
1895, hereby give you my written consent to
| employ to assist me In conduc ting on behalf of
your board the defense of the suit recently
| commenced in the United States Circuit Court
| of the Northern District of California in the
| Ninth district, entitled ''The Southern Pacific
| Company complainant, against the Board of
| Railroad Commissioners of the State of Cali
fornia, Hugh NJ. La Rue, James l. Stanton,
| William r. Clark, members of and constitut-
ing said Board of Railroad Commissioners, de-
| PENDANTS No. IL, 1877"
And in this connection desire to state that
the employment of Robert Y. Hayne, w. w.
Foote and ]. c. DAILY as such counsel would be
satisfactory in all respects to me. Respect
fully, w. +. FITZGERALD,
Attorney General OF California,
The receipt of this was Immediately fol-
lowed by meeting of the Commissioners,
at which it was moved by Commissioner
Clark that the gentlemen named in the
| Attorney Generals communication be en-
ployed by the commission to assist the
Attorney General in the case now pending
in the United States Circuit Court between
the Southern Pacific Company and the
commission. This was adopted, and the
Commissioners adjourned to meet again
on the second Wednesday In November.
Messrs. Foote and Hayne being Demo
Gratis and Messrs. DAILY and Fitzgerald be-
ing Republicans will have the effect OF
taking the matter out of politics, as ex-
planned by all most directly interested. On
the political phase of the matter being re-
ferred to in the presence of Attorney Gen
eral Fitzgerald he said: 'There is abso-
lutely no politics in this. We shall put
the matter on the highest grounds and
have it decided on such grounds. 1t is too
important matter to the people of the
State to have politics enter into it in any
guise."
The gentlemen selected as special coun-
sci were notified OF their engagement yes.
| terday.
At the meeting of the commission on
Monday it was also decided to indefinitely
postpone the proposed meeting at San
Diego set for October %, as the Attorney
General desires the presence of the Com
missioners while he is preparing the papers
in the pending case.
The resolutions adopted by the Sacra-
mentO mass meeting OF wageworkerS
protesting against the proposed 25 pei
cent reduction in rates were read and
ordered filed.
Two more petitions from residents along
the line of the Southern California Rail
road, asking that the road be reconstructed
through Temescal Canyon, had been re-
ceived and these were also read and ordered
filed.
Not only will both Secretary Newman
and Assistant Secretary Kelly be kept
busy preparing data for the Attorney
General until the case comes up, but the
services Of typewriter have been engaged
to assist in this work.
A FRONTIER STORY.