The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-27
SUTRO FIRM FOR
FORECLOSURE.
Surprised at Estee's Stand
in His Drafted
Memorial.
HE STOPPED TOO SHORT.
Says the Napa Statesman Was
Put on the Committee by
Courtesy.
TO CALL A MEETING TODAY
The Mayor Expresses Himself Strongly
in Regard TO the Duty of the
Executive.

81 named the committee to prepare a
memorial 10 Congress against re-funding
the railroad debt, and Mr.. Estee was placed
upon it by courtesy"
1t was Mayor Sutro who used these
words yesterday in conversation on the
subject of memorials that have been pre-
pared by members of the committee and
which were published yesterday morning.
Il have seen the three memorials" said
the Mayor, land they are strong and care
fully prepared documents. That of Mr..
Estee is a strong argument, but it falls
short of the intent of the resolutions
adopted at the convention. That conven-
ton i'll adopting the resolutions it did
meant what was conveyed in them, and
that is opposition to the re-funding OF the
railroad debt and in favor of the toreClos-
ure of the mortgage. That was the wish
of the convention and it is the wish of
ninety-nine out of every hundred of the
peoplS of this State-yes, the wish of nine
hundred and ninety-nine out of every
thousand.
81 am at a loss 10 understand the mo-
tive that prompted Mr.. Estee not to incor-
porate that in the memorial he drew up.
1t was his duty to incorporate it in accord
ance with those resolutions. You know
that l named the committee to prepare a
memorial to Congress against re-funding
the railroad debt and Mr.. Estee was
placed upon it by courtesy.
The memorial Mr.. Estee prepared has
at the bottom OF it the names of Caminetti,
Davie, Cannon and Gibson, but they did
not sign it. In fact nothing has been done
yet. No memorial has been signed by the
committee.
Tomorrow 1 shall call the committee
together and then the whole matter will
be discussed, and I shall take the stand
that the legislative branch of the Govern
ment has no right to act in the matter,
that 1t has no right TO interfere in vested
rights and that that right rests only in the
judiciary. The Government of the United
States is divided into three branches-the
Legislative, the judiciary and the executive.
When the legislative branch has per-
formed an act, there its duty ceases, so far
as that act is concerned. If there is any
question about that act it is not within
the power OF the legislative body to review
its action, but it falls to the judiciary to
pass upon it, and it is the duty of the ex-
ecutive to see that the Judiciary passes
upon it.
That is exactly the position of this
railroad debt. The railroad cannot, OF
will not, pay its debts and the mortgage
must be foreclosed. 1t is the duty of Presi-
dent Cleveland to instruct the Attorney
General to commence an action in fore
closure and in that way bring the whole
matter before the judicial branch, so that
it may be determined by the highest
authority in the land and the legislative
branch-I mean Congress-has nothing
whatever to say in the matter. In this
position am supported by the opinions
OF such men as Judge Woodwork, who
Tor seventeen years was Chief Justice of
the Supreme Court of Pennsylvania; Ly-
man TrumbulI of Illinois and Edmunds
OF Vermont and other attorneys as promi-
nent as these. Why. there is not a lawyer
in the land who knows anything about
law who Will not agree with these gentle
men. l have had experience in Washing.
ton in regard to matters OF this character
and know that Congress has 10 right
whatever to interfere.
81 repeat it, said the Mayor, emphati-
cally, 1.-THE legislative branch of the Gov
eminent has no right to interfere with the
plain duty OF the executive, which is TO
order this matter brought before the iu-
dietary. That is the stand I shall take at
the meeting tomorrow and which shall
maintain to the end. At that meeting we
shall find out if the gentlemen named
signed or indorse Mr.. Estee's memorial.
Caminetti and Gibson, I believe. are all
right in favor of foreclosure, but Estee.
Davie and Cannon l think are endeavoring
to evade the purpose of the convention and
the unmistakable language of the resolu-
tons.
"If Congress should act in this matter
and pass a measure giving relief to the
railroad it will do so in violation of the
constitution, and if it does that there
might as well be an end to government.
The people demand, and they have the
right to do so, that the railroad people like
any other people pay their debts to the
Government, and that if they do not do so
tie law be invoked against them"