The San Francisco call., 1896-05-01

perhaps, to advert to the fact which is so
patent to all men, and especially to those
who have either listened to the arguments
here, or read them as printed, that there
has perhaps never in the history of Judi
cature been a case which has been more
ably argued by distinguished counsel than
this case has been upon the part of the
Railroad Commission. And from the fact
that the Attorney-GeneraI and Judge
Hsyne are gentlemen who have always
been my friends, and for whom / enter
tain the highest respect and affection it is
hardly necessary for me to pay them any
tulsome compliments as TO the method in
which they have presented this case to the
court. But 1t is certainly source of
gratlncat1on to all those concerned that
this great case has been presented with so
much ability and ingenuity and so much
OF that pure instinct OF gentility which
belongs to the frst-class lawyer. We are,
II the court please, to be congratulated
upon this fact.
The truth is in view of the fact that at
this time, when this great debt to the
Government of the United States, by
means of which this National highway of
the Central Pacific and Union Pacific, and
all the lines which entered into that
scheme at that time, were inaugurated by
the Government, being considered from
the standpoint of a National highway,
and the time having come when the vast
debt which is due from that road is about
to mature; in view of the fact that the
security by which the Congress of the
United States III its wisdom, by its various
acts from 1862 to 1873 attempted and en-
deavored to secure to the Government of
the United States the payment of this
debt by the sinking fund has proved abor-
tive, has not turned out as expectations
seemed to warrant; and in view of the
TACT that this great question as to the set
tIement OF ali these facts has been precipi-
tated by that and by the decision of this
court, lndorsed by the unanimous bench
OF the Supreme Court of the United States,
that there was no liability upon stock
holders, II became matter of the most
momentous Importance 10 the Govern
ment OF the United States.'
Mr. Foote then paid his respects to the
court, referring particularly to the ''Da-
tlence and clear mind which Judge Nc
henna had brought to bear upon all ques-
tlons coming before him.
" 1t is very lmportan. for us to consider
IN the outset what has actually been done
by way OF legislation by this body of Rail-
ROAD commissioners, continued the Dis
triCt Attorney. at seems 10 me that we
have but to turn 20 what are termed. and
which am willing to admit for the sake
OF argument are, their legislative acts to
ma that there can be put one construction
placed upon that. | can see no difference
whatever as TO the scope and effect of
these legislative acts with respect TO the
per cent reduction on grain rates and the
% per cent reduction as TO all other mat
ters'
Mr.. foote went over the ground of the
resolution, which declared that the trans
portatlon rates of the Southern Pacific and
ITS leased lines were un Just to the shippers
or the State and that an average reduction
OF 70 per cent should be made on the rates
IN force since December, 1894. He defined
the position of the Pacific roads toward
the United States and the lien the latter
has on the former.
The whole history of this Railroad Com
mission shows from the time when these
pledges were attempted 10 be eyacted as
10 one or the Commissioners. who saws he
dlu not make 1t, and the other of whom
admits he dld-from the time that polit-
lcal policy was lnaugurated by the con-
ventlon OF one OF the great parties of this
State, until the time when it was CRYSTAL
Ized and consolidated into the lant.uage
of this legislative act, there could In no
conclusion that sound lawyer could
arrive at other than that the Board OF
Railroad Commissioners meant exactly
what they said, and then was to come
here to meet the declared issue. that these
gentlemen had undertaken to regulate a
corporation called the Southern Pacific
Company, which had leased these lines
and valid leased lines, including the Cen
tral Pacific in this State, upon which this
Railroad Commission claimed the right
and Jurisdiction to reduce rates.
Mr.. Foote argued that in view of the fact