The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-15

assume this from the fact that every move
that has been made by your office during your
incumbency and during that of your predeces-
sor Mr.. Olney. in all the cases undertaken in
the Federal courts, both civil and criminal, in
which the railroad company is interested, has
been entirely in the direction OF the interests
of the Southern Pacific.
This is not said as q taunt or insult, but
merely as a selfevident fact borne out by the
record, and ii is attributed to your ignorance
OF the conditions that exist here, because 1t is
the only excuse that can possibly be made TO
justify the course OF your department in this
judicial district. If you have any doubt on
this proposition l will refer you to the most
recent action of your department in interven-
ing IN the Railroad Commission case on a
proposition where it was proposed to save the
railroad-ridden farmers of this State the small
pittance of per cent, and where your depart
ment deliberately interpOsed AT time most
opportune for the railroad company, while 1t
has lain dormant for thirty years, during
which period of time the Governments finan-
cial interests in the Central Pacific Company
have been almost ruined by as scandalous and
bold-faced q species OF larceny as was ever Wit
messed in civilized community.
In other words, you come into that case and
say t. at the ability of the railroad TO pay the
Government will be affected by the proposed
reduction of freight rates. while you have per-
mitted the Southern Pacific and Central Pacific
thieves to denude the road OF its rolling stock
by the simple application of paint brush, to
steal its land and subsidy and to run away
with large portion of the proceeds OF its bond
issues, not to mention the wholesale DISPOSE
ton of immense portions OF its daily income
in maintaining corrupt political machine ON
the one hand and a system OF wholesale bribery
on the other.
You cannot. therefore, blame me II / write
this letter with strong sense OF doubt as TO
its having the slightest effect toward stlmula-
ting any action on the part OF your department
toward the conviction OF this man Huntington
for the least of his crimes.
We have followed this matter up to the ex-
tent of locating the evidence, for we insist upon
just determination OF this mans guilt there
fore we desire TO inform you at this time that
IN addition to the evidence already IN posses
sion of your department. we can, with your as
sistance, produce the evidence OF an actual
use OF this Identical pass by Stone In obtaining
interstate transportation for an interstate trip
actually travelled, to wit: On February 3, 1894,
Frank NJ Stone left Oakland on train at 8 80
P. NJ, over the Southern Pacific line, bound for
Ogden. He passed through Sacramento late
that evening and arrived at Truckee, Cal, the
next morning, where another change OF con-
duetors occurred The train that carried him
went from Truckee to Carl1n, New, in the
charge OF a conductor whose record OF the trip
appears in the following memorandum, under
the date of February 4, 1894:
f. NJ. Stone. S.
CP.H
Trucllee to Carlin.
This memorandum translated means that
Frank NJ. Stone travelled between the points
designated on special annual pass issued by
C.. 2. Huntington. The capital so indicated
that it was a special annual pass, while the
dash shows that it is given as a courtesy, and
not for any special reason or on any particular
account
There is further evidence to show the contin-
uation of the trip TO Ogden, il necessary; also
the names OF the conductors who carried him,
the location of the records OF the trip and the
names of passengers who travelled in the same
Pullman car with him. and all this will be rem
dered available by the exercise on the part OF
your department of the same diligence, fidelity
and energy that it exhibited when it under
took to railroad to the penitentiary several
hundred poor strikers upon frivolous charges
of cons piracy under q law of Congress passed
to protect the people against the exactions of
trusts and monopolies.
IN order that this prosecution may be prop
erly conducted in view OF the conditions ex-
listing here it viii be necessary for you to
appoint special counsel to take full charge of
this prosecution at every stage OF the proceed
ings, including the drawing OF the Indictment;
and counsel, too, In no wise connected with
the railroad or subject to any OF its influences,
for it is an unfortunate fact that the strings
the railroad is often able to pull one way or
another reach many OF the most prominent
and able members of the local bar, q fact that
is recorded with deep sense of shame and
humiliation, but impressed upon US almost
daily by occurrences that evidence only too
truly the fearful power OF this accursed
N onopoly.
Having personally given this matter a great
deal OF attention and being familiar with the
facts and details, you are welcome to my SER
vices if you desire them, provided that am so
situated that will not be hampered by the in
reference of those do not trust. do not say
this from any desire to secure the appointment,
but simply to evidence my good faith in the
matter, for 1 know as well as any one that the
influences in this part OF the country that
seem to be Omnlpotent IN Washington would
never permit my appearance in that capacity.
For that reason kindly permit me to suggest
the names of two gentlemen whom believe
could be depended upon TO aid the Govern
ment were their assistance asked, and who, by
reason of their ability, absolute honesty and
professional standing, would have the entire
confidence of the community. viz: Exon
| nrp a
Joseph NJ. NougueS.
We are determined to exhaust every legiti-
mate means available TO put in motion the
machinery of the Government essential TO
secure the punishment OF the most successful
criminal in American history.
And will you, sir, simply do in this particu-
Jar that which you are sworn TO do, viz: up
hold the laws of your country aud give them
an impartial enforcement?
Never in the history OF the Republic, we be-
lieve, has there been witnessed such scam
dalous disregard of the interests of the people
by their sworn officers as that we have seen on
this coast in many departments of the Govern
ment during the past two years. So much so
is this true that the effort now make to secure
the simple enforcement OF plain case under q
clear law will be met with doubt and derision
And why, sir? Simply because the people are
have no confidence whatever in the workings
of the Government.
They believe it corrupt to the core and rotten
to the foundation. They consider our temples
of justice the harloting places OF political
fraud and corporation corruption, and they
point to the utter failure of justice in this
Huntington case as clear cut example of
absolute proof.
To this belief / cannot yet subscribe, being
willing to attribute the failure in that case to
your departments ignorance of the facts, and
do not propose to acknowledge the absolute
paralysis of Federal justice until you have an
opportunity to be heard.
When you refuse in terms or lay this appeal
in some convenient pigeon-hole to be buried in
the dust of ages it will be time to ask Congress
to investigate that strange influence that al
ways seems to control the Washington Govern
ment in the interest of the railroad whenever
opposed to that of the people
Trusting that you will kindly give this mat
ter your most careful consideration, remain
respectfully yours, GEORGE w. MONTEITH.
When Mr.. Monteith was asked why Mr..
Huntington was not arrested while he was
in this City, he replied:
Because we had not secured the evidence at
that time, although we were working on the
proposition, and have always thought that he
got some inkling OF it, because he suddenly
changed his plans and left as soon as we actu-
ally got on the track of the right evidence.
Even If we had had the evidence in shape ear
ler all we could have done would have been
to have arrested him before some local magis-
trate and bound him over, which would not