The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-26
RAILROAD STRIKE CASES,
They Will Probably All Be Dis
missed Within a Few
Days.
ORDERS FROM WASHINGTON.
The ACKNOWLEDGEMENT Response
to Petition From the Strikers
Friends.

Within a few days the late railroad
strike in California will be on the record
books of the United States courts only as a
matter of history.
The indictments against about 130
strikers will be dismissed upon an order
drawn from the Department of Justice at
Washington.
This has been effected through the in
strumentality of E. L. Fitzgerald, the
State Labor Commissioner.
Some time ago the officers of the Ameri-
can Railway Union asked Fitzgerald to
interest himself in the cases of the strikers
who had been indicted by the Federal
Grand Jury. In order to present the Pc
tition for help properly, the following let
ter was sent to the Labor Commissioner:
AMERICAN RAILWAY UNIoN,)
LOCAL UNION No 80.
OAKLAND, CAL, May 8, 1882
E. L. Fitzgerald, Labor Commissioner Of the
State of CdEifOrnid-DEAR SIR: We, the under
signed members of the American Railway
Union No. 80, most earnestly request that you
use your best efforts as La Dor Commissioner to
States courts settled with as little dificulty
and delay as possible, as the present delay and
uncertainty is working a great hardship on
those who may be innocent.
JOHN FORREST, President.
H. H. OVERLY, Secretary.
Mr.. Fitzgerald promised to assist the
men, and he addressed a letter upon the
subject to x-Attorney-G General Olney, but
no answer was received. When Judge
Judson Harmon succeeded Olney Mr.. Fitz-
gerald sent to him the following letter:
SAN FRANCISCO, Cal. June IL, 1895.
Hon. JMdSon Harmon. United States Attorney
General Washington, D. C-DEAR SIR: On the
18th ult. l addressed the following letter to
Hon. Richard Olney, your predecessor, in rela-
ton to the indictments pending against the
members OF the American Railway Union.
Many petitions and personal applications by
those interested have been presented to me in
my official capacity, begging me to interest
myself in the matter of the indictments now
pending against the members of the American
Railway Union in the United States District
Court of the Northern District of California. l
am informed that in the four cases tried the
Government has failed to gain conviction
that the trialshave extended over period of six
months and involved an expenditure of over
1000. The consensus of opinion here is that
any further prosecution of the cases will term
mate i'll the same unsuccessful and unsatlsfac-
tory manner.
Should you share this view, do you think it
would be proper and right to dismiss them =?
When suggest this action do so after q care
full consideration of the matter, and without
partiality TO any one concerned, and feel that
1t Is my duty to recommend the same to YOU.
There are between 100 and 80 men now under
| indictment, who are compelled to remain here,
VINO are out OF employment, and whose only
income is the small amount they can earn
from time to tlme-scarcely living. They are
obliged to stay here, as an attempted removal
would result in their being surrendered TO the
court by their bondsmen. 1t might occur to
you that release upon their own recognizances
would be a satisfactory adjustment of the
matter, but this would hardly meet the exigen-
cles OF the case, the fact of those untried in
dictments hanging over them would debar them
in many instances from obtaining positions.
| could find many of them employment through
| o. lioof cor hnlyN do.
| they were free TO accept.
Now, therefore, respectfully petition you, in
the interest of humanity and charity 10 give
| this matter careful consideration TO the end
that the prayers OF many of our citizens and
myself may be heard, and these men freed
from their miserable condition. Your obedi-
emf servant, Il. j.. FITZGERALD,
Commissioner OF Labor.
Yesterday Mr.. Fitzgerald was highly
gratified on receiving this answer to his
communication:
DEPARTMENT OF JUSTICE. J
WASHINGTON, d. c., June 10, 1885
f. l.. Fitzgerald, Commissioner of Labor, San
Francisco, Cdt.-SIR: have yours OF the tn
respondence with the United States District
Attorney, have to-day instructed him, if, in
his opinion, further prosecution of the cases
referred TO will be fruitless, to discontinue the
same. Respectfully yours,
HOLMES CONRAD, Acting Attorney-General.
"Just as soon as | receive the communi-
cation mentioned" said Judge Foote, Dis
trict Attorney, and find it is in accord
ance with the letter you have shown to me,
| will dismiss all OF the cases now pending"