The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-12-11
Highest Leavenng Sr-nesh-Lsfes u Govt Report
R>!a!I! R RsxdssE:
AR60YlJTEHY PURE

E,axf-w that congress. q. It's last session
had Under consideration nia 10 rsga-
lsfe the .&ngiax q foreign cables. sld be-
l31~srg trat re general sentiment saycrs
tha sSrfusi1m q companies organized IN
rsss7rtrs@e who fEf9se Ike privileges %
American companies. aeefnel q ~
s,esss se~r 6lsrrfcs 81 %ex Yerk 70 en5olB
- eanSunaaftng 81 the plan above men
tfone5 Ny ehief design wss 70 ansro
CONGRESS sD Opportunity 20 Set upon SaS
ssarts- before tnIs cable Is laid.
On tha subject o. tbs Pacific railways
+ha attorney general SAYS that the report
Of Hen. George Hoadlev. @pecisl counsel
ser The United States, shows sEar tnere i
substantial Change n the state OF the
litigation about the Enion Pacific railway
ana .1s branches. lie continues:
Y have ave doubts - 70 the ability
Of The government 30 preserve the Present
situation much longer. / am ADVISED tast
an attempt viii be made to enforce tie
cuy@rnaseat's appearance in 4be f0rsclos-
uEs case. wIta q view o. giving complete
tftIa 10 the purchaser at the foreclosure
sale Nhiie I believe the position hs1e-
tsoYe taksf ard EEsi rlss ftA87su Tor the
govern sslcFat - the trle enc. namely, that
It's appearance cannot be compelled. Il
must Sc confessed that rne contention OF
Opposing counsel Is a. least deoatable.
viz: I'nat while the government cannot
H. u may properly be made a party 20
suit In equity brought by the holders OF
bonds issued by its express consent upon
property upon which IL has itself reserv-
as the only object OF steadfastly keep
ing the government out OF the case mus
far has been 10 secure some favorable So
luton OF tire difficult problem presented
BY its ownership Of a subordinate secuf-
ity upon property whose value - seneI-
ally believed 10 be insufficient 70 pay u
fun any but the first mortgage liens. 1
think that unless the pending FUNDING Dill
be passed and accepted. the government
should endeavor TO secure terms Tor Us
appearance in court In the way OF an as
surance Of such bid on the property IN
case of a judicial sale as viii secure 70 it
fair realization OF the value or It's zen.
III this be not done and the government
be compelled 70 sue to protect It's own
interests or required to appear ana Set
up its claim IN the pending cases, the
benefit of the position so long maintained
ssNany complaints have from time 10
time been made by private citizens and
others OF combinations IN restraint OF
trade and commerce and of alleged mono
toIies / have caused TO be Investigated,
as well as the motions and force 81 my
command permitted, such or these a.
seemed likely 10 come within the scope or
Official authority over interstate commerce
and trade, 10 which alone IL extends: The
only case. however, in which SUFFICIENT
was the Joint traffic association Of the
trunk railways, against which a bill was
filed by the United States January q
ltt}f In fne CIRCUIT court LOT THO euhthCAH
district OF New York The court Judge
Wheeler presiding dismissed the bill.
holding that the articles OF agreement OF
the association were not In Fioiation or
tha law. The case Is now pending In the
circuit court Of appeals for the Second cir
Quit and will soon be argued.
THE case OF the United States against
the Trans Missouri Freight Association.
consisting OF eighteen railways west OF
the Missouri river. which was brought In
the district of Kansas, TO en1oin n con-
tract and combining among these COM
panies to maintain rates OF freight, was
decided against the government In both
the circuit court and the circuit court OF
appeals one Judge OF the latter court dis
seftlng The case Is now pending on APP
peal In the supreme court or the United
States"