The San Francisco call., 1898-02-25
Story of tbe CoDtroct That Shows Hedrst's UDldWful Extortiop of Hush-MoDey
 rom tbe Southern
 Pacific Company.

iners own printed statement, under date of September 25, the day following the l date of Colonel Crocker's letter, as fol lows:
 Permit me to respectfully suggest that you have missed the point which is to us vital: The question of fairness Is one which could only be determined by us, and could not possibly be question of debate or arbitration
 There is no declaration here that the Examiner had not agreed to treat the company fairly as an element and attri- bute of a contract entered into by 1t: But there is a claim that the question of fair ness was one that could only be deter mined by one party.
 Here is a letter to the proprietor of the Examiner declaring that at the time the contract was made it was understood by his agent that the inducement to the con- tract was fair treatment by the Examiner of the Southern Pacific Company. There is no denial of this in the correspondence which follows, but a practical admission of it by declaring that the question of fairness was one that could only be de- termined by ''us" (the Examiner, and could not possibly be a question of debate or arbitration.
 The Examiner has it in it's power to appeal from allegation and denial, asser- tion and counter assertion, to Judicial ln- quiry. According to its own statement, the Southern Pacific Company owes it $S000. It claims this indebtedness to be due for legitimate advertising, for a ser vice it has performed on it's part. It must follow, therefore, that the Southern Pa cific Company is indebted to the Exam finer in the sum of sS000. It is a perfectly solvent debtor. The Examiner can ob- tain judgment against it if the contract was legitimate. and it can collect any Examiner bring suit for the recovery of the money, and why does it not now inn mediately proceed to sue for the amount which is it's due? Our morning contem- al a T. ages for defamation of character and against a perfectly solvent party. Until the Examiner brings suit for the recov- cry of the amount which it claims the advertisement which it published in good faith on it's part, it will stand convicted before the world of being unable to jus- tify it's contract by the standards of good public policy.
 It was not until the Examiner had hy- pothecated the following letter of w. H. ment,'' that the paper began it's criticisms which the railroad believed to proceed from motives of malice or malignity:
 SAN FRANCISCO, June 2s. 1892
 c. M. Palmer Business Manager of the Elk aminer, San Francisco. Cal.-Dear Sir: We hereby agree to engage space in the Grand Special Worlds Fair Edition of the San Fran cisco Examiner. matter to be furnished by us. for which the Southern Pacific Company agrees to pay thirty thousand dollars ts3o O0o) gold coin 
 one thousand dollars tS1000) per month, the first monthly -installment to become due and payable August 31 1892. and running thence at the rate of thousand dollars CsloO0) per month. or in larger installments at the option of the Southern Pacific Company; the matter and cuts to be furnished by the Southern Pa cifc Company; and all in accordance with an agreement entered into between the Exam iner management and C: F. Crocker. A. N. Towne and William H. Mills, on behalf of the Southern Pacific Company; it being understood that the said edition shall have a minimum is- sue of five hundred thousand copies. and that the same shall be published simultaneously in San Francisco and Chicago, on or about the date of the official opening of the Columbian Exposition. And 1t is further agreed that the said matter shall be subject of enlargement, alteration and revision at the option of the Southern Pacific Company at any time prior to February l, 1893. Yours very truly,
 VIM. H. MILLS,
 For the Southern Pacific Co.
 The above contract was duly entered into by the Southern Pacific Company. and the money will be paid by the treasurer of the company to the San Francisco Examiner or order when due according to the terms thereof
 CHAS. F. CROCKER. Vice President
 San Francisco, July 2l. 1885,