The San Francisco call., 1896-01-18
The Entire Congressional Com
mittee's Report Must Be
Read.
SENATOR sTANFoRD's SPEECH,
His Claim That the Government Was
Actually Indebted to the Gen.
trail Pacific.

LfeI SINCE ueSuay AFTERNOON last Judge
McKenna has listened in silence and pa
tence to the reading of the Congressional
committees report in regard to the Pacific
and aided roads. When his Honor ruled
that the report was admissible as evidence
in the suit brought by the Southern Pacific
Railroad Company against the Railroad
Commissioners to enjoin them from max
ing a horizontal reduction of per cent in
freight rates he little expected the ava
lanche OF words and figures about to be
cast upon him. This was demonstrated
yesterday, when he most pitifully pleaded
that some understanding be reached be-
tween the different factions whereby the
reading could be curtailed.
Il can't help myself, of course" Judge
McKenna said.
III counsel insist on this testimony being
read l must listen to it.
There was not an attorney in the court
room but felt in sympathy with the court.
He had in three days and a half listened
to 22715 closely printed pages containing
over 1000 words each, making nearly
100000 words, and figures as dry ana be-
reft of sentiment as the summer dust on
country road.
1t was at the close of the courts session
-
We will adjourn for the day." Judge
Mchenna said, land we will take up the
reading OF this testimony tomorrow morn
ing"
Tomorrow morning. exclaimed ex-
Judge DAILY, who had almost lost his voice
reading during the afternoon, ''we will
have 10 continue 1t for thirty days longer
before we get through.H
Judge Mckenna's expression would have
made a hit for the heroine in a melO-
drama, when she exclaims, mo, no; vii
lain, say not that!'
Thirty days." he asked, Twill that be
neCessary?'
1t sounded almost as if a culprit had
said: Thirty days? Please, Judge, don't
make il thirty daysr'
Ex-Judge Hayne assured his Honor
that even II 100 pages Of testimony were
read each day three weeks would be con-
sumed.
But" suggested Mr.. Hayne, "if if
could be considered that the testimony
has been read 1t ould save the valuable
time OF the court and everybody else, and
IN the arguments those portions of the
testimony relied upon could be quoted"
Attorney Herrin, for the railroad, was
willing enough to accede to the PROPOSE
tion of Mr.. Hayne, providing the latter
specify first which portions OF the testi-
mOny he would rely upon.
At this juncture United States District
Attorney FOOte, representing the Govern
ment, interjected a preference that turned
the tide OF affairs and precluded all hope
OF breaking away from the tedious reading.
Il wish 10 state, ~ he said, that | have
no copy Of the report made by the Con-
gressiOnal committee, and that | am
being informed for the first time of its
contents by the present reading"
Then you want the entire testimony
read?'' asked Judge Hayne.
That is what l want" answered Mr..
Foote.
1t was at this time that Judge McKenna
felt constrained to accept the Inevitable
q viii say, however" the court men
toned, that no elocutionary effect is
needed. The reading could be gone
through more speedily. There is no
danger of my inability to follow the read
ing. Up to tins time question after ques-
ton has been read without benefit to any
one. The first pages of the testimony of
L. H. Miller Jr. and in fact of c. P Hunt
ingtOn have elected nothing. Such testi-
mony as this should be eliminated en-
tirely by counsel. The case Will 90 on in
the morning"
Attorney CARRIER of counsel for the rail
road asked that the adjournment be until
next week, as he would be busily engaged
on Saturday elsewhere.
mo, sir" answered Judge McKenna;
81, too, am obliged to attend with other
a
cases, and am anxious to get in all this
testimony as speedily as possible
The testimony of A a Cohen, attorney
for the Southern Pacific Company, begun
on Thursday afternoon, was concluded
yesterday morning. 1t was mainly on the
proposition that during the years of en-
ployment by the corporation he had never
seen the contracts alleged to have been en-
tered into by and between the Central
Pacific Company and the Pacific Improve
ment Company, the Western Development
Company and the Contract and Finance
Company.
He also recited the hardships under
which the company labored in building
the road.
w. II. Mills OF the Southern Pacific land
department was also witness before the
committee. His evidence covers a great
many pages.
He told the commission of the difficulties
the railroad company had to realize on the
grants made by the Government, and that
the railroad did not purposely delay tax
ing out patents and perfectlng titles in
order to avoid paying land taxes. Quite
the contrary. II was the fault of the Gov
ernment agents in delaying the work of
giving titles to the railroad lands.
AS matter of fact the delays caused the
railroad much inconvenience and financial
loss.
Other testimony, given by the late E
H. Miller Jr., secretary of the Central Pa
cihc Company, was taken up by Assistant
Attorney General Anderson. In it he testi-
fies to his inability to find the three con-
tracts made by and between the Central
Pacific Company and Crocker d Co. for
the building of the line between section 1
and section 14l.
a small matter of s., ,OOO, 600 also slipped
his mind. 1t was the amount obtained
when the stock issue was raised from
$54 600, 600 to $59, 600, 600, between 1881 and
1888. He could remember only that the
money had been raised to pay off float
ing debt. Whether this was done or not
had escaped his memory. The money,
however, had been placed in various banks,
but what became of it afterward he did not
know.
=. Commissioner Anderson, it appears, be-
IeVed he could obtain from the witness
the exact cost of the Central Pacific road.
from Its beginning until May, 1863, and he
spent much time and words getting
meager satisfaction. While Mr.. Miller
asserted he believed he could satisfy the
gentleman, he asked for several days in
which to collect the neeoed information.
Ex-Judge DAILY assumed the place OF