The record-union., 1896-12-11

cases be restored or that a writ of err
ror be allowed to the United States
upon questions arising on demurrer or
motion on arrest of judgment"
The Attorney-General says that last
September complaint was made to him
that a certain telegraph company
which had in other countries reached by
them a monopoly which would exclude
all American companies, were about to
land cable on the shores of Long
Island.
Knowing that Congress, at it's last
session, had under consideration a bill
to regulate the landing of foreign ca
bles, and believing that the general
sentiment favorS the exclusion of COM
panieS organized in countries who re-
fuse like privileges to American COM
panies, I deem it my duty to direct a
suit to be brought in the Southern Dis
trdct of New York to enjoin the con-
summation Of the plan above men
toned. My chief design was to af-
ford Congress an opportunity to act
upon the matter before this cable is
laid.
ION the subject of Pacifics railways
the Attorney General says that the re-
port OF Hon. George Hoadley, special
counsel for the United States, shows
that there is substantial change in the
state of the litigation about the Union
Pacific Railway and it's branches"
He continues: Il have grave doubts
as to the ability of the Government to
preserve the present situation much
longer. I am advised that an atteqnpt
will ha do 70
ment's appearance in the foreclosure
case, With view of giving a complete
title to the purchaser at the foreclosure
sale. While believe the position here
tofore taken and still maintained for
the Government is the true one, name
ly, that it's appearance cannot be COM
PEELED, 1T must be confessed that the
contention of opposing counsel is at
least debatable, viz: That while the
Government cannot be sued with a
view to recovery against it, it NAV
properly be made party to a suit in
equity brought by the holder of bonds
issued by its express consent upon
property upon which it has itself re-
served lien
Many complaints have from time to
time been made by private citizens and
others OF combinations in restraint of
trade and commerce and of alleged
nlOnDpOl1aS. l have caused to be in
vestigated as we'll as the motions and
force at my command permitted such
Of them as seemed likely to come with
in the scope of official authority over
interstate commerce and trade, to
which alone it extends. The only case.
however, i'm which sufficient evidence
was discovered to justify action was
the joint traffic association of trunk
line railways, against which a bill was
filed by the United States on January
y, 1896. in the Circuit Court for the
Southern District of New York.
The court, Judge Wheeler presiding.
dismissed the bill, holding that the
articles of agreement Of the association
were not in violation of the law. The
case is now pending in the Circuit
Court of Appeals for the Second Circuit
and will soon be argued.
THE case of the United States
against the Transcontinental Freight
A Association, consisting of eighteen rail-
ways west Of the Missouri River which
was brought in the District of Kansas
to enjotn contract and combining
among these companies to maintain
rates of freight, was decided against
the Government in both the Circuit
Court and the Circuit Court of Ap-
peals, one Judge of the latter court
dissenting. The case is now pending
on appeal in the Supreme Court of the
United States and will be argued about
the time Congress assemblies