Passaic City record., 1895-04-27
HUNTINGTON ARRESTED.'
The Railroad Magnate Charged With
Violating Interstate Commerce Law.
INDICTMENT FROM CALIFORNIA.

plication for Warrant of Removal to
San Francisco---ReIeased on His Own
Recognizance.
Coils P. Huntington, President Of the
Southern Pacific Railroad was arrested at
New York City on an indictment found by
the Grand Jury of the Northern District OF
California. charging him with having COM
mitted crime against the United States
in violation of the provisions of the in
terstate. commerce act The violation
charged in the indictment is that Mr.. Hunt
ington is guilty of unjust discrimination
under section 2 of the act in granting
free pass over all the lines of the Southern
Pacific road to Frank B. Stone. a resident Of
San Francisco. Section 10 of the act, as
amended in 1889, declares such violation
misdemeanor and punishable by fine not
exceeding $4,000, or imprisonment in the
penitentiary not exceeding two years, or
both. in the discretion of the court.
Mr.. Huntington was taken before United
States Commissioner Shields and admitted
his identity, and by him committed to the
custody ofthe United States Marshal, pending
an application to the United States Circuit
Court for warrant of removal to San Fran
cisco for trial. Application for the warrant
was made before Judge Brown in the Federal
Building by District-Attorney Macfarlane,
and on application of Frederic r. Coudert,
Mr.. Huntington's counsel, argument on the
application was fixed for a future day. Mr..
Huntington was discharged on his own
recognizance pending the hearing. The at
tention Of the Grand Jury was called to the
case by Judge Morrow in the United States
Circuit Court in San Francisco on February
Is last, when the judge charged the Grand
Jury. He said that Frank B. Stone was
witness in the 'sstrikers' case" in December,
1894, on behalf of the Government. On De-
cember 6 he had sworn that he was lawyer
in San Francisco. He left that city on June
30 ON pleasure trip to Ashland, Oregon, on
the Oregon express, but got no farther than
Red Bluff, the train being stopped. On cross
examination he had said that he was not con-
nected with the company in any way, shape,
or manner; he had travelled on passes and
was then travelling on Mr.. Huntington's per-
sonal pass. While acting as manager OF MI.
De Youngs campaign he had blank passes
which he got from the railroad company and
gave away as occasion required. He had no
connection with the company. He also had
a personal pass for the Pullman cars. and
was not connected with that company. In
conclusion Judge Morrow said:
''You will observe that Mr.. Stone testlfieS
that his destination was Ashland, in the State
of Oregon, or to some place beyond in that
State. He was therefore on Journey tnat
carried him from this State into another.
bringing his transportation within the laws OF
the United States relating to interstate com
merce. 1t will be noticed further that Mr..
Stone does not claim to belong to any of the
excepted or privileged classes mentioned in
section % of the interstate commerce act
His claim is that the pass was given to him
as matter of personal favor and friendship.
You will therefore examine all the facts in
this case and ascertain to what extent the
pass system has been employed, if at all, by
the officers of the Southern Pacific Com
pany, in favoring individuals not entitled to
such favors under the law in the matter OF
free transportation beyond the boundary OF
the State"