The herald., 1897-01-14
SOutheard HOffman's Manda-
mus Case Is Decided
ORDERS TO SHOOT TO KILL
Issued TO Railroad Messengers and Train
Guards
Speculation Regarding the Course Like
ly to Be Pursued by the Presi-
dent in the Railroad Cases.
Associated Press Special Wire

Associated Press Special Wire
SAN FRANCISCO, Jan. 13.-Judge
Morrow today handed down a decision
in the matter of a mandamus issued
against Southeard Hoffman, clerk of
the district court, by the superior court
of San Francisco.
The district court in former case had
ordered Colonel Hoffman to pay over the
surplus in his hands remaining from the
sale of the ship Willamette Valley to the
oregon and Pacific railroad and 20
Charles Page of Ellis & Page. The total
surplus amounted to $4,000, of which
100000 was to go to the railroad and
$4,000 to Attorney Page.
Before Colonel Hoffman, in obedience
to the order of the court, had mailed
the checks for the amounts decreed to
the Oregon and Pacific and to Page, he
was served with a writ Of mandamus
issued by Judge Sewall from the supe-
rior court of San Francisco in the case
of w. A. Swinerton against the Ore
gon and Pacific railroad Swinerton OBJ
tanned two judgments in the superior
court, in all for $4,000, and sought sat-
isfaction for his debt from the funds
of the company from the clerk of the
district court.
Colonel Hoffman denied the jurisdic-
tion of the superior court in the premises
and applied to Judge Morrow for re-
lief. Judge Morrow reviewed. the whole
litigation and decided that Colonel Hoff-
man held the money not as an individ-
ual, in which capacity he would be sub
ject to the writ, but as clerk of the dis
trict court. While it was in HOFFMAN $
custody the money was in the possession
of the district court and continued sub
ject to its order of disposal. Colonel
Hoffman will pay the $4,000 to the Ora
gon and Pacific and to Mr.. Page.
ORDERS TO SHOOT.
CHICAGO, Jan. 13-Express and rail-
road managers have sent to messengers
and train guards orders to shot to kill
in each and every case where robbery
is clearly the intent of anyone who in
terferes with the runr.ing of train, and
"a cash reward of $500 is held out for each
robber shot but not killed and $1,000 for
each one who is made to bite the dust.
A general changing of shooting irons
has been in consideration for some time.
The most improved patterns of repeat
ing rifles and revolvers have taken the
place of arms of older styles. Cars are
also being built with an eye to resistance
against the onslaught of train robbers.
Floors and sides are reinforced with iron
plates and doors made heavy with fas-
Jennings
PACIFIC RAILROAD DEBTS.
CHICAGO, Jan. 13.-The Posts Wash
ington special says: 1t is understood
that the president is waiting definite
and specific overtures from the Union
Pacific reorganization committee before
issuing a proclamation to initiate fore
closure proceedings against the road.
The committee gave informal notice
some time ago that it was prepared to
guarantee that a price would be paid
for the Union Pacific system equal 10
several million dollars more than the
principal of the subsidy bonds.
No such assurances We're received
Central Pacific, but it is now said that
same terms as the Union Pacific.
matter of Indifference, as the Wander
bits and others associated with the
Union Pacific bondholders will at the
proper time be prepared to step into his
shoes and bid for the Central Pacific.
AN ILL WIND.
SANTA FTE, N. NJ, jan ia wreck
occurred on the Santa ITe road last night
in which 2300 sheep were killed. Eleven
doubledeck stock cars went over an
embankment and only 500 head of sheep
got out of the heap alive. The acct
dent was caused by the breaking of a
fange on car wheel. Fully 500 people
were on the scene last night slaughter
ing, barbecuing and carrying off the
crippled sheep.