The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-01
All the Attorneys Interested in
the Case Extremely
Reticent.
OPINIONS OF THE PUBLIC.
Some People Believe Huntington to Be
Responsible for the Govern.
ment's Action.

Among the general public the news pub.
lished exclusively in THE CALL yesterday,
of the proposed intervention of the United
States Government in the case of the
Southern Pacific Company against the
Railroad Commission to prevent the latter
from reducing freight rates within the
State, evoked as great surprise as was
evinced by those directly interested when
they were served with the notice on
Friday.
In fact this sensational move on the
part of United States District Attorney
Foote, on behalf of the Government, was
almost the sole topic of conversation yes
terday in downtown circles-among busi-
ness men, railroad men, lawyers, Office
holders under the City, State and Federal
administrations and politicians generally.
Another step in the matter was taken by
District Attorney Foote yesterday, when
he served copies of the bill of Intervention
on the attorneys of the plaintiff and OF the
defendants.
The grounds upon which the Federal
Government proposes to intervene IN the
matter were briefly outlined in The CALL
yesterday, and the full text of the bill of
Intervention is now herewith given:
The United States of America, by its Attor-
ney-General, pursuant 10 the powers and duties
conferred and i'm posed upon him by law, and
particularly by section 10 of an act of the Con-
gress OF the United States entitled. "An act to
aid in the construction of railroad and tele-
graph line from the Missouri River to the Pa.
the use of the same for postal, military and
other purposes, approved July i, 1852 and
to ana ne oi
| frst-named act" approved May z, 1878, and
by leave of the court frsr had and obtained,
| ton In the above entitled cause. the southern
Pacific Company VS.. the Railroad Commission
of the State of California, and thereupon the
/ interyenors show your hOnors as follows:
That intervenors are creditor of the Central
Pacific Railroad Company, having mortgage
| lien upon certain of the property and assets Of
said Central Pacific Railroad Company, under
| the terms of the act of Congress of the United
States, approved July 1, 1862, and entitled
| can act to aid in the construction of railroad
and telegraph line from the Missouri River to
the Pacific Ocean, and to secure to the Govern
ment the use OF the same for postal, military
and other purposes" and under the several
acts amendatory thereof and supplementary
thereto.
The fntervenors further show that by the
! terms of section 1S of said act of Congress of
| July l, 1862, it Is expressly provided "that
whenever it appears that the net earnings of
| the entire road and telegraph, including the
! amount allowed for services rendered for the
| United States after deducting all eXpendi-
| lures, including repairs, and the furnishing,
running and managing of said road, shall ex-
| ceed 10 per centum upon its cost, exclusive of
| the per centum to be paid to the United
| States, Congress may reduce the rates of fare
thereon, if unreasonable in amount and may
| fix and establish the same by law. And to
! better accomplish the object of this act,
| namely, to promote the public interest and
welfare by the construction of said railroad
and telegraph line, and keeping the same in
working order, and to secure to the Govern
| ment at all times (but particularly in time OF
war) the use and benefits of same for pos
tai, military and other purposes, Congress
may. at any time, having due regards for the
| rights OF said companies named herein, add to-
alter, amend or repeal this act"
| The intervenors further show that the Con.
| gress of the United States has under the terms
! of said act, and of the acts amendatory thereof
and supplementary thereto, the exclusive right
to regulate and fix and establish by law the
rates of fare to be received and collected by
said Central Pacific Railroad Company upon
the line of railroad constructed by authority
of said acts OF Congress. and has the para
! mount right to protect the interests of the in
tervenors, the United States of America, as
! creditor, having mortgage lien upon the
property and assets OF said company.
The intervenors further show that 1t has
lien by virtue.of said acts OF Congress, upon
certain property of said Central Pacific Rail-
road Company, hereinafter described. Tor the
| bonds advanced under said acts of Congress in
aid in the construction of the said Central Pa
more n1op than Ss7 900 and interest thereon,
now amounting to more than the sum of $45,-
100000.
The intervenors further show that the said
Central Pacific Railroad Company is corpo-
ration organized under and pursuant to the
laws of the United States, by consolidation of
the Central Pacific Railroad Company or Cali
fornia and the Western Pacific Railroad Com.
pany of California. the corporations mentioned
and referred to in the acts of Congress afore-
said, and that the Congress of the United
States by the terms OF the said act of May z,
1878, entitled "An act to alter and amend the
act, entitled AN act to aid in the construction
of railroad and telegraph line from the Mis-
souri, River to the Pacific Ocean, and to secure
to the Government the use of the same for
postal, military and other purposes, approved