The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-05

! exactly, as the Government is decidedly
unwilling to proceed" with the case.
The opinion of everybody connected
with the administration of the interstate
commerce laws is that there is no case
against Huntington. Commissioner James
D. Yeomans, who is in the city on tour OF
, inspection, holds that view of the case and
asserts that Attorney General Olney is OF
the same opinion. Several Judges of the
United States Supreme Court are reported
to have expressed opinions and they are
all against the indictment. United States
District Attorney Foote advised the Grand
Jury that the indictment would not hold
water and Judge Morrow is said to be of
the same opinion.
Huntington was to have arrived from
New York last Tuesday. His private car
was sidetracked and in readiness to leave
at a moments notice. He fully expected
to attend the various meetings of the rail-
road and its affiliated companies, and he
was a candidate for reelection as presi-
dent. The Indictment of the United
States Grand Jury arose as barrier, how
ever, and the railroad magnate is either
now in New York or within striking dis
lance of San Francisco, yet outside the
jurisdiction of the United States Marshal
for this judicial district
If Huntington did not arrive last Tues
day Interstate Commerce Commissioner
James D. Yeomans did. His first visit
was to United States District Attorney
Foote. Their conversation only lasted a
few minutes, but on the following day
Foote called upon Yeomans at the Palace
Hotel and a number of interstate COM
merce cases were discussed. Among them
was that of the Interstate Commerce Com
mission VS.. the Atchison, Topeka and
Santa Fe, Atlantic and Pacific, Burlington,
California Central, California Southern
and others. This is a suit brought on ac-
count of discrimination in rates from the
Missouri River to Los Angeles.
In the Circuit Court at Los Angeles the
case went against the Commissioners, and
the latter carried the case to the Circuit
Court of Appeals, where it was to have
been considered in few days. As result
of the conference between Yeomans and
Foote the case has been put over for six
months, in order to enable the Interstate
Commerce Commission to obtain deci-
sion from the United States Supreme Court
in similar case now pending.
During this same conference the Hunt
ington indictment was discussed, and Mr..
Yeomans is said to have expressed him
self in no uncertain terms. According to
him, there was no breach of the interstate
commerce law and the District Attorney
agreed with him. at is just as though /
loaned you my private carriage for a drive
to Colma," said one of the attorneys who
was discussing the matter in the Apprais-
ers' building yesterday.
Whether they were right or wrong the
fact remains that Coils P. Huntington is
not within the jurisdiction of the United
States District Court of San Francisco, nor
is he likely to come within it until the in
dictment against him is quashed Inter-
state Commerce Commissioner Yeomans
has expressed his opinion and will leave
again for the East tomorrow. The next
person to be heard from is Attorney Gen.
eral Olney, and his instructions are almost
certain to be .'Nolle prosequi the charge
against Huntington"