The San Francisco call., 1896-07-04
SEA 7 HING WORDS
FOR HARMON.
The Attorney-G General Is
Charged With Inter-
eSted Supineness.
STONE AND HIS PASS.
Attention Again Pointedly Called
to the Failure 10 Prose.
cute Huntington.
SOME NEW EVIDENCE OUTLINED
District Attorney Foote and the
President Also Ccme Under the
Lash of Invective.

Que or the DOldeSt ana most SCatnIng
communications ever addressed to a
Cabinet officer of the United States is that
forwarded by George w. Monteith yester-
day TO Attorney General Judson Harmon.
1t not only takes to task the official
addressed, but his local representative,
United States District Attorney II. s.
Foote, C. P. Huntington and the Presi-
dent of the United States. The letter fol-
lows in full and explains itself:
SAN Francisco, Cal, July g. 1896.
Hon. JudSon Harmon, Attorney General Of
United States, Washington, ID. C.-MY DEAR SIR;
Some six months have now interYened since
addressed you upon the subject OF the case of
Coils p Huntington, charged with the COM
mission of a crime against the laws OF the
United States. My letter at that time was
written for the purpose OF urging you to en-
ploy special counsel 10 take charge OF the case
because the United States District Attorney
here would not do his duty in the premises.
This appeal was made to you upon the theory
that you would, as an honorable man and an
ehclent oIncer OF the government, exercise
your authority toward securing an honest
prosecution of a criminal whose crime was so
strongly apparent.
Under recent action of Congress your office
controls the prosecuting arm OF the Govern
ment, and you are, therefore, responsible per-
sonally in matters of this kind when IL is
once called to your attention.
The utter failure of the Government OF the
United States TO prosecute this man, who has
for years openly and contemptuously disre-
garded the law, is as scandalous as 1T is dis
graceful and it is certainly high time some
thing was done. The irrefragible evidence OF
this mans guilt is in he possession of your
department He has boldly stated in the pub
! lie press that he did not care tuppence"
about the case, and ii begins to look as though
his confidence in the determination of the
Government not to prosecute the case is we'll
founded.
You must bear in mind, sir, that the main
evidence in this case was all sworn testimony,
produced in court of justice in the actual
trial OF a case at time when your department
was moving heaven and earth TO convict two
poor strikers under law intended to reach
trusts and monopolies. and there is therefore,
no excuse for this miscarriage of justice.
The Judge of the United States District
Court himself brought this matter to the at
tention of the Grand Jury, and his good work
in that direction has been nullified by the
nolle prosequi of your representative in this
City. 1t is true that the United States cour. in
New York has held the indictment defective
in failing 10 show any use of the pass, but it is
also true that the actual use of the pass on an
interstate trip was actually shown in evidence
in the strikers case, which has made it the
duty OF your department TO frame new in
dictment; and more than that, we have Sc
cured evidence of two other actual uses of the
pass, which was stated to you in my former
letter.
In reply to my former letter you answered
me with the suggestion that l was rather
hasty in speaking as l did 10 one who was a
stranger to me personally. You VIII please
bear in mind that my correspondence with
you is wholly impersonal, and that am treat
ing you simply in your official and not in your
private capacity, tn at am simply endeavor-
ing to see that justice may be done. If you are
derelict in the performance of your duties
shall not hesitate to say so, because have the
right of citizen to insist upon your doing
your duty, and that l certainly do and shall
continue TO do as far as the circumstances of
the case render il essential.
am one of those who believe that the Gov
eminent should deal fairly and Justly without
regard TO the condition of the mans pocket
book. The present administration has shown
itself only too willing to prosecute poor men
upon partisan ex parte and unverifed state
ments of interested parties, and it seems TO me
that it ought to be equally prompt to act in
the plain case of this man Huntington, particu-
larly when it involves the commission of one
of the least of the crimes with which he has
been publicly charged.
On the other hand the administration con-
sumes five months and spends $50, 900 in try
ing to show that simple disagreement be-
tween workingmen ana their employer was
the kind OF conspiracy that Congress meant to
punish when the trust and monopoly act of
1890 was passed, and yet when the interstate
commerce laws are boldly, even contemptu-
ously, violated by a wealthy rogue who has
Systematically and persistentiy robbed the
| people and the Government out of millions
| upon millions, you Will not even go to the
| prosecute him in the case where your own
| representatives will not act; and, indeed YOU
| ostill further and will not permit any other
! counsel, even without expense to the Gov
|
/ prosecute man for the commission of the
| crime, the evidence OF which has been given
in open court, and has, by the Judge of that
| court, been judicially declared sufficient to
! warrant Indictment and prosecution.
/ There is no escape from the logic of the
situation. There is no excuse that can be of.
fered even in mitigation of the measure of ius
! censure that should be visited upon the heao
| OF the man who is responsible for such dis.
graceful unwillingness and inactivity. Were
| Congress to do its duty, the officers who thus
stand between this criminal and his iust
desserts would be promptly impeached.
In your answer to my former letter you told
me you would write the District Attorney and
have the matter attended TO. And what has
! been the result? have waited for six months
and yet not only has nothing been DONE buI
the Federal authorities OF this part of the
world seem to regard the whole matter as {
piece of ancient history, wholly unnecessary
! to further consider.
have certainly borne but little fruit, and i
may be well for me TO call your attention tc
| what has been done.
After the District Attorney received your in
| strucuons, whatever they were, ne made nc
| effort TO see me or to get hold of the evidence
! concerning the two other uses of the pass tha
| your attention was drawn to; he simply souph
| out Mr.. Stone ana, as was informed secured
! from him a statement to the effect that Stone
had not used the pass in question the two trip
referred 10 but had secured trip passes from ths
! late A. n. Towne, who, being now deceased
| could not be prosecuted-this, too, in view o
| the fact tnat Mr.. Stone swore in open cour
| larry and continuously for ten years as the per
| sonal favor ofC. p Huntington. He also testi
! fed before the Grand Jury that he received
| this pass about the 10th of January. All O
/ this testimony he gave, by the way, at the tim,
| when Mr.. Towne was inconveniently alive nc
| subject TO prosecution. In addition to this
| you must recollect that the conductors rec
| ords show conclusiyely that the pass was al
i annual pass that was issued by c. p. Hunting
| ton. Your department you will see, with al
| these facts plainly before it. accepted these un
| unverified statements of Stone against hi.
| former sworn testimony and the other evi
dence of the case to which referred YOU to-
| But even assuming that Stones last state
ment swere true, it would not relieve Mr.
Huntington from liability As you are well
| aware, not only would Mr.. Towne. if he gave
| the pass, be personally liable, but his act il
| that case would be the act of his corporation
| the Southern Pacific Company of Kentucky
| which would then be criminally responsible
! and under the decisions of the United State
courts the directors are the persons upor
/ whom the punishment is visited, when tn,
corpo ratio.- is the criminal. So that If Mr.
| Stones last statement be true, you would mo-
| only be able to bag Mr.. Huntington, but yor
would also be able to reach the other eigh
Children Cry for