The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-15
ments of the president of the Southern

ments of the president of the Southern
Pacific Railroad Company
When the United States District Court
was called to order yesterday there were
not dozen people in the room. Judge
Morrow was on the bench, and the entire
force of the District Attorneys Office was
at the desks set apart for the legal profess
sion. Court was opened, and there being
no business of Importance to transact, the
District Attorney announced that he had a
motion to make. He referred to the find
ing of certain indie tments against Coils P.
Huntington for having issued 'free pass"
to Frank M. Stone over the lines OF the
Southern Pacific, and pointed out the fact
that in New York a Federal Judge had
held that no breach of the law had been
committed, because Stone had only used
the pass TO Red Bluff, and had thus nos
gone into another State.
an the circumstances there was no
breach of the interstate commerce law"
said Mr.. Foote, land l think that charge
Of issuing free pass to Mr.. Stone will
not hold. The Attorney-General is of the
same opinion, and have been instructed
to dismiss the cases now pending against
Mr.. Huntington"
Judge Morrow was prepared for what
was coming, He called for the affidavits
made by Attorney Monteith and num-
Der of the strikers and then read the evil
dence in the case. The transcript of the
testimony taken in New York was also
perused by his Honor, and the outcome
Of the whole matter was, as The CALL
stated yesterday morning, the indictments
were "nolle prosecuted"
1.-THE indictments would not hold
water" said District Attorney Foote when
@,t1 ohA
was charged with breach of the inter-
state commerce law, and, while he may
have had the guilty intention, it was never
carried out. The pass called for transpor-
tation for Frank NJ. Stone over the
lines of the Southern Pacific Railroad, but
Stone only used it between San Francisco
and Red Bluff. Therefore there was no
interstate question in it. OF course, the
strikers say that Stone was bound for Ash
land, Or, but then he didn't 90 there
Had he done SO Huntington could have
been prosecuted, but as the ticket was
never used, he cannot. The Grand Jury
brought the indictments against nv adj
vice and | am satisfied that in the circum-
stances no conviction can be made.
When Judge Morrow made the order
Diminishing the cases one or two of the
strikers in court could not suppress a smile,
and one of them remarked in the corridor,
81 told you So" whereat the others
laughed.
The dismissal of the indictments against
Mr.. Huntington was one OF the m alters
discussed by the local lodge of the Ameri-
can Railway Union last night.
Acting President Harry A. Knox said it
was rather singular that Huntington
should escape without trial, and vet the
members OF the union, Messrs. Cassidy
and Wayne, had to stand a trial which kent
them bound and fettered by the law for
over five months. at was easy 10 explain
it. however" he remarked. Huntington
is rich man and the two members named
were poor"
The following resolution condemning the
authorities for their action was then
adopted, Messrs. G. J. Deseda, Thomas M.
Cantwell and w. W. Craig being chosen
committeeto draft them:
WHEREAS, The indictments against Coils P.
Huntington have been dismissed by the United
States District Court upon motions TO nole
prosequi made by the United States District
Attorney, acting presumably under instruc-
tons from the United States Attorney-General
at Washington; and whereas, said Coils p
Huntington was duly indicted by the United
States Grand Jury for violating the interstate
commerce law the same law for the alleged
violation of which certain members of the
American Railway Union were not only in
dicted, but were tried by the court at great ex-
pense to the people of the United States; and
whereas it is apparent that the judicial system
of the United States operates in such way as