The San Francisco call., 1899-05-21

u created widespread comment anu
a general suspicion that the rail-
road people took their unexpected ac-
ton for some crafty purpose not read
lily apparent. There is an absolute Ger
tainty that the Southern Pacific Com
pany did not wish to have the cases
dismissed upon its own motion. Two
Railroad Commissioners were diShon-
ored in an effort to have the cases
thrown out of the Circuit Court IN an
other way. and it is idle to suppose that
the railroad company would honestly do
what it forced public officials dishon-
estly to attempt The railroad company
was fearful that if it dismissed the
cases it would be compelled to pay the
costs and probably the enormous penal
ties provided for a disobedience of the
order of the Railroad Commission made
in September 1895
Notwithstanding this fear the South
ern Pacific Company has dismissed the
suits, and with its customary craft 1t
is striving to escape the consequences
of its own action. Through cleVerly
worded address to Judge Morrow the
railroad company hopes to escape both
costs and penalties by making ii ap-
pear that the Southern Pacific Com
pany simply consented to the motion of
the Railroad Commission to dismiss the
cases and did not of its own motion ask
a dismissal With this lame and cheap
subterfuge, which Judge Morrow ig-
nored, the railroad hopes to cheat the
State
In the address. which was written
and signed by William F. Herrin and
Z. s. Pillsbury and is therefore docu-
ment of record in the Circuit Court are
these words: The complainant hereby
consents that said cause be and the
same is hereby dismissed"
Judge Morrow utterly ignored this
phrasing and made the final decree of
dismissal as follows: The complain
ant. having on this, the 18th day of
May, 1899, produced and filed in open
court it's dismissal of this suit, it is
hereby ordered and decreed that the
said cause be and the same is hereby
dismissed
1t is upon this decree and not upon
the crafty wording of the railroad pc
tition that the question of the costs of
the suits will be decided. Judge Nor
row has already given an emphatic ex-
preston of his opinion of those who
trife with the court, and his decree
shows conclusively that he understood
that the Southern Pacific Company
plainly asked for a dismissal Of the
suits.
Having done so, the Southern Pacific
Company made itself clearly responsi-
Bile for the costs and a demand for these
costs will be made tomorrow in be-
half Of the State Attorney General
Ford, Judge Hayne and w. W. Foote
have already had an informal discus
sion of the matter and they have de-
termined to present complete bill of
costs. The Southern Pacific Company
will contest the claim, basing its fight
upon the bubble in it's petition. The
railroad, in this affair, has added one
more outrage to the many it has at
tempted in the litigation. 1t has de-
liberately attempted to impose upon
Judge Morrow and with the imposition
cheat the State.
Attorney General Ford, Judge Hayne
and w w. Foote have not yet decided
what they shall do in reference to the
penalties, to which 1t is claimed, the
Southern Pacific Company has subject
ed itself under the constitution. A
conference will be held at an early day,
probably tomorrow or Tuesday, and
the representatives of the State will
then determine upon course of ac-
ton.
I'VE will do everything in our pow
er," said Attorney General Ford, last
night, ito protect the rights of the
State The dismissal of the case came
as a complete surprise to me. and I
have not yet had an opportunity to
confer at length with Judge Hayne and
Mr.. Foote AS for the exaction of the
penalties, that is a question which we
must yet consider seriously and / do
not care at present to express an opin-
ion in reference to it."
w. w. Foote was asked last even
ing what will be the prospective action
Of the State in connection with the
grain rate cases. He replied: THE
cases have been dismissed and no fur
ther action can be taken as l under
stand it until the Railroad Commis-
sioners formulate some other schedule.
The present status of the cases, as
understand it, Is that the whole mat
ter is wiped out-eliminated."
Mr. Foote was also asked whether
! the dismissal of the suit on the part of
| the Southern Pacific Company. dis
/ missed the whole affair. including the
! 25 per cent reduction. and he replied
! that it did. But by the way" said
| he, that never was insisted upon by
the State or it's attorneys in the litiga-
ton which recently terminated in the
United States Circuit Court"
When asked whether the railroad
company would suffer the penalty OF
the law for disobeying the order made
by the Railroad Commission, Mr.. Foote
said he did not like to commit himself
| on the question as he had not examined
il closely He admitted that it had beer
the subject of discussion between him
self. Judge Hayne and Attorney Gen
eral Ford, but they had not as yet come
to any conclusion
"Off hand" he continued. II Should
say, it is quite possible that the sui
having been dismissed, II was the ides
of the railroad company that thai
would relieve it from all the pains anC
penalties contained in the constitution