The San Francisco call., 1896-01-11
WHOLLY WITHOUT SOUL,
Attorney General Fitzgerald's
Opinion of the Southern
Pacific.
He Insists That the Directors of the
Railroad Speak for the Cor.
poration.

The suit of the railroad company to en-
Join the Railroad Com missioners from re-
ducing wheat and other rates is still pro-
crossing before Judge McKenna of the
United States Circuit Court Thursday
afternoon Attorney Herrin, for the South
ern Pacific, terminated his argument in
behalf OF his end of the controversy on the
side of the inadmissa ability of the Congress
sional committees report opon the Pacific
and aided roads.
Mr.. Herrin's argument was taken up
yesterday morning by H. S. Foote, the
United States District Attorney, who lines
himself and the Government to the same
notch made by Attorney Herrin and the
railroads he represents.
In other words, Mr.. Foote, instead OF
making the present suit triangular con-
troversy, which everybo expected it to
be when the Cove Inment filed It's inter
vention pa pers some ten days ago, has
quietly gone into the affair with the rail-
road as against the Railroad Commission,
providing be may doze away the tedious
hours of the hearing and that Mr.. Herrin
will look out for their joint interests.
Making resume of the situation as it is
now, the Railroad Commission stands as
defendant against both the Union States
ana the Southern Pacific Company.
The Government claims that the com
plainant or its scion-the Central Pacific
is its debtor, ana any action to reduce the
freight rates of the latter might jeopardiZe
any chance of full liquidation of the
obligation. Hence, through Attorney
Foote, the Government is sta nding in with
the railroad to prevent any such reduc-
ton.
The particular point which has been at
issue for the past few days is clearly cut
by either SIDE in the conte nding factions
Herrin declares that when the Congress
siOnal committee investigated the work
ings of the railroad, and Senator Stanford
and the other directors OF the corporation
testified that the roads building expense
was more than 1t should have been by
many hundreds OF thousands of dollars,
this testimony was only the individual
expression of opinion of these gentlemen
and not the voice OF the corporation.
Hence such testimony contained in the
Congressional committees report was not
entitled to judicial notice.
Attorney General Fitzgerald, on the
other hand, ably backed by ex-Judge
ment being dissatisfied with the action of
the railroad, sent committee to this
State to investigate its methods.
The railroad, he contends, when given
its franchise upon certain conditions, such
as transporting troops and mail, imper-
fectly carried out its contract. Likewise
that the railroad company performed such
acts which were calculated to jeopardizc
the interests in the Governments claim,
and in the endeavor to gather evidence
on these subjects, the Government caused
a committee to visit this State, not to in
vestigate Messrs. Stanford, Crocker, Stubbs
and otherssas individuals, but as the repre-
sentatives of the railroad corporation.
How else could corporation be inter-
rogated? ?" asked Attorney Fitzgerald. at
has no soul or physical existence. 1t is
only through its directors that it can be
made subject to proper and legal interro-
CATION"
The case was continued until next Tues
day.