The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-10
NOT OUT OF THE TOLLS,
Huntington May Be Arrested
if He Comes to San
Francisco.
HIS CASE NOT DISMISSED.
The Indictment Is Still in Full
Force and an Alias Warrant
Can Be Used.
HIS CASE NOT DISMISSED.

Coils P. Huntington may not escape
after all. Should he arrive in San Fran
cisco tomorrow the chances are that an
'alias" warrant would be placed in the
hands of United States Marshal Baldwin
and the railroad magnate would at once be
brought before Judge Morrow to answer
the charge of issuing free pass to Frank
M. Stone and thus committing breach
of the interstate commerce law.
Judge Addison Brown of the United
States District Court in New York denied
the application for writ OF removal on
the ground that the Indictment was fatally
defective, because it did not set forth that
use had been made OF the pass, and that
transportation had been furnished under
it. Still because Judge Brown refused an
order of removal it does not follow that
should Huntington ever come within the
jurisdiction of the Ninth Judicial District
he will not be arrested. On this point
United States District Attorney Foote re-
fused to make a positive statement yester-
day, saying he preferred waiting the re-
turn of Judge Morrow, who is away on
account of sickness.
When asked whether the indictment
against Huntington would be dropped,
Mr.. Foote said:
have not made up my mind as to what will
arrive in San Francisco tomorrow l am in
clined to think that an alias warrant would be
issued and the Marshal would arrest him.
Now, as to that warrant being fatally de-
fective, cannot say anything until see the
full text of Judge Browns opinion In the tel
egraphic report he is quoted as saying: "a
free ticket or free pass not used is not trans
portetio it is not preference or advantage
to The holder nor any prejudice nor disad-
vantage to others. This precise point was so
adjudged by the Interstate Commerce Com
mission in the case of Griffee against the Chi
cago, Burlington and Quincy Railroad Com
pany."
That is practically the position of the Stone
case. There is not little OF evidence that the
pass was ever used outside the State. Ofcourse
it is in evidence that the holder of the pass
started for Ashland, but he got off at Redlands
and stayed there.
But he intended going.
Intentl Why, intent is no crime. might
start out with the intention of burning down
your house, but If stopped two blocks away
and came to the conclusion that had better
not do you think you could have me arrested
as an incendiary? Why, if had incorporated
such q clause as that in the indictment would
have been the laughingstock of every lawyer
in the City. On that point Judge Brown says:
"The issuing of a free pass for purpose not
allowable is doubtless prima facie evidence OF
intent to furnish unlawfully free transporta-
ton; but there is nothing in the act that makes
criminal the intent alone, or the mere issuing
of free pass without any actual transportation
under it,
Huntington may be guilty of the intent, but
as the pass was not used outside of the State OF
California l do not think there was any breach
OF the interstate commerce law. Still there
seems TO be some doubt on the subject, and
should Huntington come here and Judge Nor.
row concur, we will settle the point
In regard to this matter 1 advised the Grand
Jury that there was no case against the presi
dent of the railroad, but Judge Morrow over
ruled me, and the Indictment was found.
was particularly careful in drawing the docu
ment, and inserted the fact that the pass GOV
cred all the points between San Francisco, Og
den, Portland and New Orleans. l could mo-
aver that the transportation outside of the
State had been furnished under it because
there was no evidence to that effect.
When Judge Morrow returns confer
ence will be held to determine what course
shall be pursued by the officers in this
City.