The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-10

bill to show that this proposed reduction
of rates in any way affected the Govern
ment's interests. There was nothing to
show that pound of freight had been
transported over the Central Pacific, and
he held that the bill of Intervention was
incomplete and the grounds insufficient OH
which to base cause of action.
The Judge stated that the court would
not shut out the Government from inter
vening in the case if its grounds other
wise were sufficiently established, as the
bill could be amended to show that freight
had been and is at the present time being
carried over the 261 miles of the Central
Pacific in California. Attorney General
Fitzgerald here rested his argument Be-
fore taking his seat, however, he threw
bouquets at United States District Attor-
ney Foote, with whom he had played as
barefooted boy in his youth, and whom he
knew to be an honorable and upright
man, and no one, he held, would accuse
him of having any other interest in the
case than as an officer of'the United States
Government.
w. w. Foote delivered the closing argu-
ment for the State.
arise to present my personal protest to the
United States Government injecting itself into
this case the tail to the railroad kite If the
order for Intervention is defective, and it I'M
questionably is, IT has no rights on the records
OF this court. 1t should be ruled out as de-
fective, and then the United States Government
may file another order, but its application at
this time is premature
For sixteen years the Board of Railroad
commissioners OF California has been fixing
freight rates on lines of railroad within the
State, and at no time before has its power or
authority been questioned. Now the Govern
ment of the United States suddenly comes TO
the aid OF this railroad corporation, which has
never paid its honest obligations to the Gov
eminent, and the gentlemen of the Southern
Pacific Company sit silently here and there
is no knowing whether they in or out OF
the case.
The United States Government holds worth
less second mortgage on the property of the
Central Pacific, and that is all it has for the
money. it advanced to the corporation with
boundless generosity. 1t held first mort
gage, but returned it to the corporation.
Judge McKenna here INQUIRED Of Mr.
Foote If the United States Government did
not have an interest in the revenue of the
Central Pacific under the provisions of the
Thurman act, which provided for the pay
ment OF % per cent of the earnings of the
railroad in question into the treasury of
the United States, and, If so, if its interests
would not be impaired by the proposed
reduction in. freight rates.
Attorney Foote contended that it could
not be shown that a reduction of per
cent on grain and % per cent on other ar
ticles of commerce of the carrying trade in
California would impair the amount de-
rived from the Central Pacific.
Anyway, it had no more right in fixing
and determining the schedule of fares and
rates than the banker who held mort
gage on house of citizen. It's position
was that of a mortgage. Mr.. Foote closed
by strongly denouncing the action OF the
Government.
United States District Attorney Foote
then made spirited address to the court
in which he Indignantly repudiated the
4 . h. 49,. B. Il
that the United States was unwarrantably
thrusting itself into the case at issue He
spoke of the maenanimity of the General
Government in spanning this great CONT
nent with an iron highway and opening
up the Golden State to civilization and the
world.
"And the court has struck the keynote Of the
Governments right to intervene" said the
United States Attorney, when it based that
right on the Thurman act. That act has been
upheld by the United States as constitutional
and it comes with bad taste for the gentlemen
here to cast slurs on the Governments inter-
vention in this matter. Icome here under the
shield of no corporation, but simply as the rep
resentative of the United States Government,
sworn TO perform my duty to my God and my
country, without fear or favor. repeat how
ever. that if the Railroad Commissioners will
consent to exempt the Central Pacific line in
California from the reduced freight rate which
they propose to make, am ready to withdraw
from the contest and allow the railroad cor
poration and the Commissioners to fight it out
between themselves"
The District Attorney was quite angry
in fefuting the Implications made by at
torneys on the opposite side against the
spirit of the Government in taking hand
in the fight, and where Attorney General
Fitzgerald threw flowers at him he re-
sponded with hot shot,
The Attorney General said that it would
be Impossible for them to accept the prop
osition of the Governments representa-
tive, and the court took the question under
advisement until this morning.