The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-28
A Pertinent Reply to a Pointed
Letter Sent to Wash.
lngton.
THE HUNTINGTON PROSECUTION
There Is Good Promise of the Matter
Again Going to the Grand
Jury.

Ooulnern racine Company against the
Railroad Commission of this State would
seem TO indicate that the Attorney Gen
eral OF the United States is not as familiar
with the important work of his department
as the public g nerally believe or that he
is endeavoring to shift the responsibility
for certain acts of the Department of JUS
tice to other shoulders tnan his own.
About TWO weeks ago George W. Mon
teith OF this City addressed a communica-
ton to the Attorney General of the United
States, the full text of which was pub
lished exclusively in THE CALL of Deem
Der To- 1t called attention to the alleged
failure on the part of United States Dis
trict Attorney Foote to properly press the
prosecution OF c. ?. Huntington on the
charge of having issued a pass to Frank NJ.
Stone in contravention of the interstate
commerce law; recited the possession
of new evidence in the case which it was
claimed would insure the conviction of
Huntington, and suggested that special
counsel be employed TO prosecute the case.
The letter then continued as follows:
You evidently have but little knowledge of
the conditions prevalent in San Francisco with
reference TO the prosecution OF cases in which
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 a taunt or insult, but
merely a selfevident fact borne out by the
record lS q tod tn ipT1n
OF the conditions that exist here, because it 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 q
proposition where il 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 it
has lain dormant for thirty years, during
which period of time the Governments fnan-
cial interests in the Central Pacific Company
have been almost ruined by as sea ndalous and
bold-faced species of larceny as was ever wit
messed in a civilized community.
In other words you come into that case and
say that the ability o. the railroad TO pay the
Government viii 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 10 men ton the wholesale disposition
OF immense portions of its daily income in
maintaining a corrupt political machine on the
one hand and system of wholesale bribery on
the other
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 Con-
gress to investigate that strange influence that
always seems TO control the Washington Gov
eminent in the interest of the railroad when
ever opposed to that CT the people.
To this communication of Mr.. Mon
teith's came reply yesterday as follows:
DEPARTMENT OF JUSTICE,
"WAsHINGToN, d. c., Dec. u, 1895.
"George ". Monteith, Croker Building, San
Frdncisco-SIR: l have just received your
letter of the 14th inst. 1t is couched in
most extraordinary terms, and, consider
ing that it is written to one who is an
entire stranger to you personally, and
almost a stranger officially. it makes
charges and assumptions against this de-
partment which L might very well resent.
But / am here to discharge my duty, as
understand it, and therefore prefer to con-
slider the business suggestions of your
letter only.
Gas the Government prosecuted persons
who violated the laws in California during
the strike of 1894 it certainly has not de-
cl1ned and will not decline to prosecute
any others, no matter who they are, who
were shown by the developments of those
trials to have violated The law also. But
as have no reason to distrust the fidelity
of Mr.. Foote to his sworn official duties, l,
to-day, write to call his attention to the
matter and direct him 10 take SUBTRACTION
as ought to be taken.
II shall inquire into the matter of the
intervention of the Government to which
YOU refer, which was taken without in
structions from this department, and if it
shall appear to have been improper will
act accordingly. Very respectfully,
"JupsoN HARMON, Attorney General"
In view of the fact that this letter. while |
expressing full confidence in United !
States District Attorney Foote, stated |
that he had been directed ito take such |
action as ought to he taken" in the Hunt |
ington matter, and that the Intervention |
had been instituted without |
Instructions from the Department of JUS |
tice. a. call was made on District Attorney |
Foote to ascertain the exact status of af-
fairs in connection with these two most |
important matters. Mr.. Foote admitted |
that he had received letter from Wash
ington bearing on these subjects, and, also,
that he had prepared his reply, but de-
cliued to make either public, on the
ground that they were on official business
Of confidential character In reference !
10 the Huntington matter, however. he
said:
eff they have any new evidence, such as
they claim to have, and which is alleged
TO be sufficient to convict Mr.. Huntington,
he matter can be and should be brought
before the United States Grand Jury. 1t
does not lie with me to initiate the prose-
,ution for such an offense. 1t lies entirely
wi tn the Grand Jury. which must first in
restigate the circumstances and then file
In indictment. When the case comes to
trial my duty begins, and | shall certainly
perform it fully in this case, as in all
others.
$50 far as the interye ntion proceedings |