The San Francisco call., 1899-05-09
BLACKSTOCK RESOLUTION
SCORED BY THE COURT
Attorney Hayne Said That the
Matter Should Be Prosecuted
Notwithstanding Action Of
Commissioners

suit" remarked Judge Morrow, with a
slight touch of the iceberg in his accents.
"A motion Of this kind should come al
ways from the plaintiff
Mr.. Pillsbury thereupon being called
upon to say something, remarked that he
was not prepared to make the motion, as
it would not look well for his side TO come
into court and ask for dimissal, because
the public might think that the suit had
not been commenced in good faith, and il
would make a bad impression on the peo-
pie.
Attorney General Ford then explained
that he had been peremptorily ordered by
the Railroad Commissioners to get rid of
the case. Now | must renew my motion
10 dismiss, after striking out the objec-
tionable matter in the decree"
The court refused TO grant the motion,
no matter in what form Ii might be made.
Courts adjourned,' said his Honor,
and the lawyers took up their books and
walked out.
Mr. Hayne wore a Maud Muller smile
all the way to the elevator
At the meeting of the Commissioners in
the afternoon Mr. Ford presented the fol-
lowing written report:
On the 24th day of April, 1893, your hon
orable body adopted a series Of resolutions
Circuit Court Of the United States for the
Ninth Circuit Northern District of Cali
foTnia, entitled Southern Pacific Company.
S9P9aan VS. 81 The he s94rd 90 Of fallT9ad
et al. defendants. Said resolutions con-
cluded as follows, to wit
That the Attorney General of the State of
California be and he hereby is directed.
instructed and ordered, he can
be heard by said Circuit Court to secure a
dlscontinuance and dismissal Of the cause
and temporary injunction mentioned and
specifically referred 10 in the above and
foregoing resolutions"
Pursuant to said resolutions. and upon
notice duly given, this day moved in the
above named court for a dismissal of the
aboye-entttled cause. Ny motion de-
MED upon the ground. as stated by the
Judge presiding the Hon. W. W Nor
row. that the resolutions adopted by your
honorable body on the oath dav of ApriI
1899, and above referred to. did not con
form to the facts as disclosed by the record
in said cause. and that the same We're. in
erect, a reflection upon the above-named
court. thereupon withdrew the resolu-
tions referred 10, at the same time assuring
honorable body intended in nowise to re-
fleet upon said court After a withdrawal
OF said resolutions I again renewed my
motion to dismiss, which motion again
denied by the court.
Awaiting your further instructions in the
TREY L. FORD. Attorney General
Mr. Ford, as reply to certain unfavor-
able criticisms, has made public the fol-
lowing letter which explains itself:
SAN FRANCISCO. May 6. 1899
Hon. TREY L. Ford. Attorney General
Sir: In reply to your favor requesting our
opinion as to the extent TO which the
Blackstock resolution binds YOU in the liti-
cation between the Southern Pacific Rail
road and the Railroad Commission, we beg
mission was taken against our earnest ad-
vice, and while very much regret it.
We think that you are bound to obey its
command.
1t was held by the Supreme Court Of the
United States in Reagan VS.. the Farmers
Loan and Trust Company t154 L. s. 1922
that such suit is not against the State
but IS against the commissioners. There
fore the commissioners control It. so far as
their side of the case is concerned and as
they have finally repealed and rescinded the
resolutions complained of by the railroad
company, and have instructed you to obtain
dismissal Of the suit we think that YOU
would be occupying untenable position
If you attempted to proceed with the litiga-
tion.
II the railroad company should not ACCEPT
the action of the board as sincere and
should take the ground that there was stili
threat on their part from which danger
was to be apprehended. and should for that
reason desire to continue the litigation a
different situation would be presented
Yours respectfully
ROBERT Y. HAYNE.
W. W. FOOTE.