The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-04
Busy Days in the Office of the
Attorney-General of
the State.
FOoTE EXPLAINS HIS COURSE.
Says He Was in Duty Bound to Take
Action on Behalf of the
Government.

From the manner in which Attorney
General Fitzgerald is buckling down to
the work of preparing the case of the Rail-
road Commission in the suit brought by
the Southern Pacific Company to restrain
it from reducing rates, he is evidently de-
ternlined to lose no point in the great legal
battle which Is to begin Monday next.
All other business of the office has for
the time being been set aside, so far as the
personal attention of the Attorney-Gen-
erat. is concerned, and he and Judge Hayne
are devoting all their time to preparing as
strong a defense as the law and the circum-
stances surrounding the matter will per-
nit.
While the Intervention OF the Federal
Government was a surprise to them, 1T has
not in any degree disconcerted the gentle
men engaged in the defense. 1t has SIM
ply stimulated them to greater and more
thorough research, study and preparation.
Considerable anlmadverSion has been
directed against United States District
Attorney Foote resulting from the pro-
posed Intervention of the United States
Government III the pending litigation, as
many were of the opinion that there was
no actual need of or excuse for the Federal
between the State and the Southern Pacific
Company. In the course of converse
ton with District Attorney Foote yester-
day this state OF feeling was casually re-
ferred to and he at once Indignantly pro-
tested against II as being unfair and I'M
Just TO him. He then explained his course
in the matter as follows:
When the Southern Pacific Company
filed its bill of complaint against the Rail
road Commissioners l read it over and saw
that the Federal Governments interests in
the Central Pacific Railroad were invoIved.
1 at once forwarded a copy Of the COM
plalnt 10 the Attorney-General at Wash
lngton, and he returned it with instruc-
lions 10 go ahead and take such action in
the matter as would best protect the inter
ests Of the Government l cannot under
stand Why any blame should be attached
10 me Tor my course. There was nothing
else for me to do except to act as did. I
would have been grossly derelict in nv
duty as an officer of the Government, as
can be seen by reference to section 10 OF
The Thurman act, which reads as follows:
Tnatjt is hereby made the duty OF the Atfor-
rey-General OF the United States to enforce by
proper proceeding against the said several rail
--eI companies, respectively or Jointly or
&Sslnst either OF them, and others, all the
--s1iS OF the United States under this act and
under the acts hereinbefore mentioned, and
under any other act OF Congress or right OF the
l1lJed states; and IN any suit or proceeding
E-TesQY commenced, or that may be hereafter
commenced. against any OF said ompanieS,
either alone or with other parties, in respect OF
matters arising under this act, or nnder the
acts or rights hereinbefore mentioned or re-
1erred to- II shall be the duty OF the court to de-
-elmIGe the very right OF the matter with out
regard TO matters OF form, jOinder of parties,
mUltifariOusness or other matters not affecting
me substantial rights and duties arising out OF