The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-01

of the Legislature Of said State whereby said
Southern Pacific Company, OF any other car
rier within the purview of said provisions, Is
entitled TO a hearing before said commission;
nor is there any provision therein contained
for summons or notice 10 any such carrier
before said commission may declare ana estap-
lish such rates nor is any opportunity therein
provided for any such carrier affected tnerepy
to introduce witnesses or evidence before salu
commission; nor is there any right thereby
granted to said Southern Pacific Com,
pany, or any of its lessons, or 10 salu
Central Pacific Railroad Company, or TO the
intervenors to judicial lnvestlgation. Dy tne
process OF law for the investigation Judlc1ally
of the fact as to whether the rates now charged
by said company are just ana reasonable, OF
otherwise, or as to whether the rates proposeeaa
to be fixed, established and enforced ny salu
commission are Just and reasonable, or other
wise; that the provisions OF the constitution OF
the State of California, herein before alleged ana
referred to, are made applicable only to rail-
roads owned by corporations and companies,
and do not apply to railroads generally, anu
the fines and penalties therein prescrloeu
are thereby imposed only upon railroad cor
porations and companies and their officers,
agents and servants, ana are not Imposed upon
or made applicable to other owners OF rail-
roads; and that, by reason OF the premises,
said Southern Pacific Company and said Cen
trail Pacific Railroad Company and the inter-
venors are each deprived OF property without
due process of law, and denied the equal pro-
lection of the laws.
The intervenors further show and aver that
unless immediate relief is granted the defend
ants will proceed to prom tie and enforce
the rates of freight so as aforesaid unlawfully
resolved upon and threatened by them; that
said Southern Pacific Company or Its SAID lessor
the said Central Pacific Railroad Company
will be harassed by a multiplicity OF actions 10
enforce the same, or the penalties prescribed
by the said constitution OF said state or Can
fornia, for a failure to comply therewlth; that
the said proposed rates would result IN a SER
Gus and very large reduction in the earnings
and revenues of said Central Pacific Railroad,
which will be fIretrievably lost to said Central
Pacific Railroad Company ana to the inter
venors, SO far as they are interested therein as
aforesaid, whereby said company VIII De pre-
vented from making any payments 10 the
intervenors. as provided in said acts OF Con-
greSS aforesaid.
The intervenors further show that this cause
is suit in equity, of civil nature, and that
the matter in dispute exceeds, exclusive OF IN
terest and COSTS the sum or value or pooOo,
and that this cause is suit arising under the
constitution and laws OF the United States, 10
wit,under section of article XIV OF the amend
ments to said constitution, and that In this
case and suit there is controversy between
citizens of different States, in which the mat
ter in dispute exceeds, exclusive OF interest
and costs, the sum or value aforesaid, andialso
q controversy between the United states and
citizens.
Wherefore intervenors pray that an injunc-
ton may issue out OF this court restraining
and enjoining the defendants, and each OF
them, from adopting, publishing, promulgat-
ing, or putting or attempting 10 put INTO
force any schedule or schedules or rate or
rates OF freight charges, in accordance with
the resolutions OF said Board of Railroad Com
missioners of the State OF California, herein
before set FORTH or from reducing any OF the
freight or passenger rates OF SAID central
Pacific Railroad, or adopting or attempting to
put in force any schedule or schedules OF such
reduced freight or passenger rates, or from IN
shutting any suit or suits action or actions,
against said Southern Pacific Company or said
Central Pacific Railroad Company, for the en-
forcement OF such reduced freight or pas
senger rates or any thereof, or for the
i1f
refusal to comply Herewith, and that an in
junction may issue pendente lite embracing
all OF the relief herein prayed for, and that
such injunction may continue in force until
the termination of the hearing for writ OF
injunction, and on the final hearing OF this
cause the intervenor may have all the injunc-
lions herein prayed for made perpetual, and
that the interyenors may have such other and
further relief as the case may require and to
the court shall seem just and equitable
Attorney-General United States.
By H. s. Foote, United States Attorney North.
ern District of California for United States of
America.
When Attorney General Fitzgerald was
seen yesterday afternoon after he had
been served with copy of the bill he re-
fused TO enter into any detailed discussion
of It. He said he had not yet had time to
read it carefully, but that on Monday he
would 60 over it with his associate coun-
sel-Attorney Robert W. Hayne, w. w.
Foote and ]. G. Daly-and then determine
whether or not he would oppose the mo-
ton OF the United States District Attorney
to be allowed to intervene, and also the
manner in which the Governments action
is to be met.
William f. Herrin, the solicitor for the
Southern Pacific Company, declined to
discuss the matter at all.
Decided and varied expressions were
heard concerning the significance of the
new move. Many we're confident it was
scheme of Q. P. Huntington to force the
Federal Government to take up the fight
against reduction of rates and save the
Southern Pacific Company, to great ex-
tent, from the brunt of battle. Others see
in it an attempt on the part OF the Fed
eral authorities to extend the power of
the National Government at the expense
of the State, and the discussion of the sit
uation not unfrequently led into a debate
on the relative rights and prerogatives OF
the State and Federal governments.
Should the motion of District Attorney
Foote be granted by Judge McKenna on
Monday, the 9th of Decem Der, it is stated
on good authority that the Department of
Justice at Washington will be asked to
employ special counsel to assist the Dis
trict Attorney.
Mayor Sutro expressed his indignation
at the proposed intervention of the Fed
eral Government in no measured terms.
'tThis latest move of the railroad peo-
ple," he said, lis right on a par with the
rest. They are set of robbers, brigands
and tyrants, and have always been such.
For years they have been our rulers;
they have bought up our Judges
and juries at their own sweet will, and
they rule US now, for they are themselves
both Judge and jury-yes, and Prosecuting
Attorney as well.
"And now they have brought the Fed
eral Government into this thing because
they think they can manage it at Wash
ington better and easier even than they
can manage US. They know that the SEN
timent of the great mass of the people Is
against them, and they fear that senti-
ment, and that is the reason for the
change.
''The law of the matter? | cannot give
you that, for l am no lawyer. If that is
what you want, you must go to the law
shop of the railroad and perhaps they will
give it to you and perhaps they won't
"But this do know; this state of affairs
is all the fault of the people of this State.
They have let the railroad trample on
them with impunity. They have had no
backbone at all, nor have they dared to
fight the railroad on any proposition. But
if they do not resist this they are set of
pulling towards and they ought to be trod-
den on.
"The fact of the matter is the railroad has