The San Francisco call., 1898-07-23
Suit to Be Commenced in the United States District Court
 on Tuesday.
Indignant Merchants Will Compel the Com pany to Bear It's Allotted Share of
 of the Wars Burdens.

The stand taken by Wells, Fargo & Co.'S Express Company, in an endeavor to shirk the payment of their portion of the war tax, will be tested at once in the United States District Court. The position of the company has been brought to the attention of United States Attorney H. S. Foote by the of- fcers of the Merchants Association. The complaint filed by them some days since elicited the following response yesterday:
 Merchants Association, Mills Build
 ing, San Francisco, Cal.-Gentlemen:
 l am in receipt of your communication
 Of date the 10th inst, calling my att
 tention to alleged violations of sche-
 dule A, stamp taxes, subdivision eX-
 press and freight under the war rev
 enue law of 1898, by certain express and
 transfer companies doing business in
 this city.
 You further request me to institute
 such prompt proceedings against said
 companies for the failure to comply
 with the war revenue law as will
 bring this matter to a speedy deter
 imitation. You also say to me, Please
 consider the officers of this association
 at your service"
 In reply I have to say that 1t will
 give me pleasure to receive from the
 officers of your association, or any of
 them, at my office in this city, 61 Ap-
 praisers building, any facts or evil . dence which may go to show any vio-
 lation of that law, as also the names
 of the persons or corporations who are
 engaged in such violations of law.
 If l should not happen to be in my
 office on the occasion of your coming
 to see me, my assistant, Mir. Schlesin-
 ger, who Is familiar with the law, will
 be at your service.
 Hoping to receive a visit from some
 of the officers of your association on
 this subject, am yours most respect
 fully, H. s. FOOTE,
 United States Attorney.
 Complaints had been made as to the passive attitude of the United States Attorney in this matter of such vital to the business men of San Francisco: "We have not been able to proceed in this matter, as no has been filed with us" said United States Attorney Foote yester- day. Having no information on which to base a suit we were powerless. Of fcers of the Merchants Association called on me to-day and have agreed to supply the necessary evidence upon which suits can be brought against Wells, Fargo & Go.
 "We will take the shortest way to attain the desired relief for shippers. Under the tax act the company is lia- they refuse to accept until the stamps have been affixed by the consignors. We will probably institute five suits on this ground"
 The officials of the company recog- nize the awkward position in which they have been placed. For forty years they have enjoyed the confidence of the business community and now see their prestige in danger of being swept away. Merchants are incensed at the petty stand taken by the rich corpora tion, in trying to evade payment of their share of the tax upon the people, made necessary by the war with Spain. President J. J. Valentine appreciates the situation keenly.
 Hardly had the conference between United States Attorney Foote and of ficials of the Merchants Association ended than MT. Valentine sought an audience with the latter. He asked that action in the matter be deferred on the ground that the company off, cials were preparing a large communi- setting forth their stand in the premises He urged that the question was now being tested In the courts of the East and it would not expedite matters to commence additional suits here.
 The information required by United States Attorney Foote in the bringing of the suits will be supplied him on Monday.
 '"The attitude of the Southern Pa cific Company in the matter of the payment of war taxes has been mis- said General Manager Kruttschnitt, yesterday. When the tax was levied the officers of the com pany conferred with our legal repre- sentatives and our position in the mat ter was outlined. We at once decided upon a liberal policy, placing the wid- est possible construction on the work ings of the new law, notwithstanding the expense. We have never found 1t necessary to even estimate the num- Der of bills of lading we issue. am