The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-15
It Is Alleged That the Pass Was
Actually Used for an Inter
state Trip.
REFERRED TO WASHINGTON,
Should the Acknowledgement Fail to
Act the Matter Will Be Pre-.
scented to Congress.

annual pass in 1894, despite the two in
effectual attempts that have been made 10
have him punished for the alleged viola
ton of the interstate commerce act in
having issued such pass. By yesterday
mail there went to the Attorney-General
OF the United States a communication
from George w. Monteith, who was in
strumental in bringing out the possession
of pass by Stone during the strikers
case year ago, which indicates that the
prosecution of the railroad magnate Is to
be sought until, if necessary, every avenue
through which justice is usually melted out
has been travelled.
This communication briefly recites the
history of the proceedings already had IN
this matter; attributes the failure to prose-
cute Mr.. Huntington in this City to the
attitude of United States District Attorney
II. S. Foote and his assistant, Samuel
knight; charges that railroad influences
control MANY of the departments of the
Federal Government in this City, and cites
the recent intervention of the Government
in the Railroad Commission as an In
stance of the exercise of this influence.
1t is then stated that new evidence has
been secured to show without doubt the
use of the pass on an interstate trip. The
Acknowledgement is requested TO employ
special counsel, not in anY way controlled
by the railroad, to prosecute the matter,
and the names of two such attorneys are
submitted IN conclusion broad lntl-
nation Is given that should the Attorney
General not act in the matter 1T will be car
RED to Congress for investigation and
determination. The full text OF the letter
follows:
SAN Francisco, Dec. IA, 1895.
To the Hon. JudSon Harmon, Attorney General
of the United States, Washington, d. C.-MY DEAR
SIR: deem II my duty TO direct your atten-
ton to a matter that requires prompt and
immediate action, and concerning which you
have probably some information at the present
time. l refer TO the prosecution OF Z. Z. Hun
tngton for violation OF the interstate COM
merce law.
shall assume that which l trust is the TACT;
that your office will perform its whole duty in
this matter, Irrespective OF the wealth OF Mr..
Huntington or the influences that he seems
to be able to enlist in his behalf.
Upon the 9th day of December. 1894, poll
tician by the name of Stone was called by the
Government as q witness in the case OF the
United States VS.. Cassidy ct al, commonly
known in this portion OF the country as the
strike case. These men were on trial on
charge OF conspiracy, the object OF which was
alleged to be to restrain the transmission OF
interstate commerce. For the purpose of prov
ing circumstance in the chain the Govern
ment attempting TO construct, and
for the further purpose OF proving an overt
act upon the part or OIner persons VINO were
alleged to be parties to the same conspiracy,
the Government offered the testimony OF
this fellow Stone for the purpose OF showing:
In the first place, that he was an interstate
passenger, en- route from San Francisco to
Ashland, Oregon, and, in the second place,
that he had been interfered with and had been
offered violence by these alleged conspirators.
Upon cross-examlnatlon L developed from
him the following facts, viz:
That he was the owner or holder OF South
ern Pacific annual pass, and had been such
r oc+. TIaof hn Z.Tlrn
pass was good wherever Southern Pacific
engine ram; that by reason OF this pass he
obtained free transportation from San Fran
cisco to Ashland, Or, upon June 30, 1894, and
was then en- route to Portland, Or.
That he was not an empioye of the railroad,
nor in any wise connected with IT, nor engaged
in any pursuit that would entitle him to free
TRANSPORTATION under the interstate commerce
act, as he was, he stated, an attorney-at-law,
engaged in private practice and nothing else.
His. pass was produced in open court. 1t read
as follows:
Pass Frank NJ Stone
Over the lines OF the Southern Pacific Company
Until December 1st, unless otherwise ordered.
1894. c. P. HUNTINGTON.
and Nj Stone testified that it was delivered to
him as q personal favor and at his personal
request.
About month later, at the instance of one
of the members OF the American hallway
Union, l prepared complaint, which he
verified and which was filed with United States
of the then acting District Attorney, Samuel
knight, who is now United States Assistant
Attorney. At the time called Mr.. Knight in
l did not inform him of what afterward
seemed to be the momentous fact-that the
name of the culprit vas C. p. Huntington-and
he evinced no opposition whatever to the
fling of the complaint until Commissioner
Heacock, CHANGING at the superscrlption, saw
the name of Mr.. Huntington, and then the
whole situation changed, and the sworn
officer of the Government actually informed
hot q wOnld % iSSn no
of q warrant he desired to consult with the
United States Attorney-General.
argued that it was certainly without prece-
dent that it should be necessary to burden the
Attorney-Generals Office with simple mIsde-
meanor prosecution of that kind and that it
seemed to nae that Coils p. Huntington should
be tried like any other criminal but MI
knight was obdurate and the overZeal with
which he sought TO railroad several hundred
poor men without means OF defense to the
penitentiary on frivolous charges of con-
spiracy seemed to suddenly abate when con-
fronted with the proposed prosecution OF their
corporate olpressor, based upon facts sworn to
in open court and in his presence
Some weeks later, and at the opening of the
following tenn OF the United States District
Court, the Judge OF that court, the Hon. W. W.
Morrow, which it was clearly his duty TO do
under the circumstances, very properly
charged the Grand jury to investigate the
facts of this case. In his charge to the Jury he
recited all the facts that have stated and the
Grand Jury proceeded to investigate the
facts Finding them as represented they
brought in an indictment charging Mr.. Hun
tington with the crme-an indictment drawn
by District Attorney Foote, which omitted to
charge the use OF the pass that had been
charged in the complaint that had been
drawn by myself, a defect in the indictment
that subsequently became the very small hole
through which Mr.. Huntington escaped his
just deserts.
| have no unfriendly feeling toward Mr.
Foote; on the contrary, feel more than friendly
toward him. But this is not a question of
friendship, but simply a question OF cold facts
relating solely to gross miscarriage of justice
In private conversation with me about this
time he strongly deprecated the prosecution of
Mr. Huntington as impolitic and as likely to
be unproductive of results, and used much
special pleading to urge the adoption of mis-
views in the matter. But those who had under
taken this matter did not propose TO be in
fuenced by anything of that sort. In short,
we are confident that he was bitterly opposed
to the prosecution of Mr.. Huntington and will
not prosecute him.
About the time the Grand Jury found the in
dictment it was reported, and We believe can
be proved, that Mr.. Footc was much averse to
drawing any Indictment at all, though he
finally did so under pressure, constructing the
Indictment that was afterward found defective
because it failed to state use OF the pass,
fact he knew, because sworn to in his presence