The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-18
listened and listened and unused through
[Sketched 1

listened and listened and unused through
out the morning and afternoon session.
The plain level of the reading was occa-
sionally broken into by remarks or ques.
tons equally quiet on the part of Judge
CARRIER representing Mrs. Stanford), which
were answered OF replied to by Judge Nc
Kisick with no change in the tone of voice.
Bya judicious skipping of leaves and
without watching the clock particularly
Judge Mckisick so timed his talk as to
pronounce the last word of his argument,
the one hundred and ninety-third
page of his pamphlet, exactly as
the long hand on the courtroom clock
reached up to announce the hour of four,
at which The court adjourns.
So the case for the United States has
been stated, and Judge CARRIER for Mrs.
Stanford will begin his argument this
morning at II o'clock.
morning Judge McKisick said: cit was
argued in the Circuit Court that the
United States in desiring to have this rail-
road constructed from the Missouri River
to the Pacific Coast, offered to become a
partner with these parties, that is, with
the Union Pacific Railroad Company and
the Central Pacific Railroad Company, and
that their relations were somewhat that of
partnership.
LET us see what that partnership was,
The United States did desire to have these
railroads constructed and operated, and it
did propose to these two corporations-I
will eliminate the Union Pacific and speak
of the Central Paciic-it proposed to the
Central Pacific Railroad Company: If
you will aid US in building this railroad
we will give you absolutely, by the act of
1862, five alternate sections OF land By
the act of 1864 it was increased to ten
That you may have as a gift. We will
also give you the right of way over all the
public lands OF the United States on which
you may lay out your road. In addition
to that we will put into your enterprise
seventy eight millions of dollars.
"'All that we ask of you is this: We do
not want any interest at all in the railroad
property. You may have that property
absolutely, and may take all its earnings.
All we require of you is that you shall re-
turn to us the money which we will lend
you. We will loan you our bonds to the
amount specified in the contract. Those
you must pay at maturity. All the other
property you may have absolutely free.
We give you millions of acres of land.
worth millions of dollars. We give you
the right of way. For these we will exact
nothing from you at all. You may have
the whole partnership property, all its
earnings, except 5 per cent for q sinking
fund, but we want you to return to us the
money which we lend you. If you do not
do that, if you do not carry out your part
of the contract, we will authorize the Sec
rotary of the Treasury to take possession of
the property and operate it for the use of
the United States, because we want the
road built; we must have it and will have
it. If you do not build it we will see that
it is built.
"'Onr object and purpose in entering into
this Partnership with you is that this road
shall be built and operated, but You must
repay us this money and you must do it
in this way: We will patronize your road
and pay you the same rates for fares and
freights that others pay you, but, in order
that we may be REIN bursed, we will retain
in our treasury the whole amount that
will be coming to you for transporting our
military supplies, our mail and other
property over your road. Furthermore,
you must put aside into the treasury per
cent OF your net earnings in order to create
fund which will aid in paying u.s. This,
in substance, is what counsel called part
nership.
"Have the United States granted to the
railroad companies and to their stockhold-
ers the privilege OF using their bonds to
the extent, with interest, of $78, OO0, 900,
$50, 100000 of which will be absolutely lost
to the grantors if the construction of the
Circuit Judge be concurred ina con-