The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-10-21
own war stamps.

The will of the people has not been
potent in the fight to compel Wells, Fargo
& Co. to pay its war tax, and the strong
arm of the State has been invoked TO
force that purpose.
Despite that its volume of business has
been greatly reduced by its insatiate
greed. the carrier corporation has per-
sisted and still persists in compelling the
people who have made its existence
profitable possibility TO stand the burden
of its just expenses.
Basing his action upon the decision
handed down a week ago by Michigan 5
Circuit Court, Attorney General Fttz-
gerald will to-day or tomorrow begin
mandamus proceedings against the COM
pany as the quickest and most satlsIac-
tory method of obtaining final decision
as TO whether or not the carrier company
shall pay for the stamp the law requires
shall be affixed to all receipts.
The State established a cause of action
on Wednesday.
On that day Assistant Attorney General
Anderson, who has closely studied the
points involved, presented at Wells-Far-
COS offices a roll of opinions for trans
mission to the State Board of Examiners.
In the presence Of two witnesses he ten
dered the amount ordinarily due, but re-
fused TO submit TO the agents demand
for an additional cent for the customary
stamp.
His package and his money were pushed
back to him across the desk with the in
formation that unless the company's de-
mand was complied with the package
would not be received. Mr.. Anderson
then made a formal demand that the COM
pany pay for and affix the necessary
stamp. This was refused.
In the agents refusal Mr.. Anderson
got no more than he expected. His ac-
ton was essential 10 the ends of his su-
periors. 1t has for two months neen the
opinion of Attorney General t1tzgeralId
that a proceeding by mandamus was the
only consistent way to arrive at a de-
cision capable of prying open the swell
ing Golfers of Mr.. Valentine and his con-
When seen at his home last night
Attorney General Fitzgerald said:
months ago that writ of man
damus would be the most potent pro-
ceeding TO begin against Wells, Fargo &
Co, and l oppressed that opinion 10
number Of attorneys who questioned me
concerning the status of the matter.
f'Since The Call first directed attention
to the case and since the decision OF the
Circuit Court of Michigan, in which 1t Is
stated that the Attorney General was the
proper person to proceed in case OF this
kind. 1 determined 70 bring the local cor
poration TO time if l could establish
case against IL.
with this intention | instructed Mr.
Anderson to proceed as he has told you
he proceeded and l think by tomorrow,
or the next day at the latest, we VIII
nave our complaint anu pel1IiUI LOI
writ Of mandate against Nells-Fargo IN
proper shape 10 lay before the court We
will prosecute it as rapidly as the ma
chinery of the law will permit.
The Michigan decision which Attorney
General Fitzgerald has considered is in
effect as tolIoWS:
As I understand the law applying to this
subject is found in schedule A of the revenue
law of 1898. and is follows:
Express and freight-It shall be the duty
of every railroad or steamboat company, car
rier. express company or corporation, person
whose occupation is to act as SUCH to issue to
the shipper or consisnor, or his agent, OF per-
from whom any goods are accepted for
transportation. a bill Of lading, manifest or
other evidence of receipt and forwarding. for
such shipment received for carriage and trans
portation, whether in bulk in boxes. bales,
packages or bundles, or not 50 enclosed or in
Guided: and there shall be duly attached and
Cancelled. as in this act provided. TO each of
such bills Of lading. manifests, or other mem
oranda, and to such duplicate thereof, d stamp
Of the value Of one cent.
This is the main portion of the law applying
10 the question in hand.
It IS manifest to me that IL is the intention
10 deliver TO the person Offering for shipment
any goods or packages a receipt for the same
and it requires said receipt to have attached
TO II a revenue stamp Of one cent. This makes
it clear 10 my mind that IT is the duty of the
express company to deliver to such shipper
a full and complete receipt: and receipt would
not be fun and complete or legal unless it had
value Of one cent
Mr.. Fitzgerald also spoke of the an
peal of William T. Costley against Wells, |
Fargo & Co, which was argued and SUBJ
mitted yesterday TO Superior Judge /
Trout
Costley. in his suit prays for 1929 dam |
ages alleged to have resulted from the !
refusal of WeIls-Fargo to affix the neces
sary revenue stamp to receipt for a /
package rendered by Costley for trans |
mission to Sacramento Justice Barry |
before whom the case originally came !
gave a decision in favor of plaintiff 1T /
was appealed to the Superior Court and !