The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-13
ARE EXPRESS COMPANIES ABOVE
THE LAW2

| to the illegal and unpatriotc attempt OF Wells,
Fargo & Co. to compel its patrons to bear the
cost of the internal revenue stamps, temporarily
cxacted by the Federal Government on packages
transmitted by express, under an act OF Congress
passed to raise extraordinary during the war
with Spain
The propriety and the validity OF the law were be-
yond dispute. Nor has there ever been any serious
question that the ninitesimal tax was due from COM
mon carriers engaged in the business OF transporting
packages, and not from their customers. The Ian
guage OF the act plain and any other construction
of its terms would be absurd AS we have frequently
observed also such judicial decisions have been
actually rendered have almost uniformly sustained the
views we have expressed
The united action OF the press has produced some
effect even upon so hardened, though recent,
sinner as Wells Fargo & Co. Press bundles are
forwarded without the imposition of the burthen of
the internal charge. In other directions also
the express corporation has yielded to the sugges
tons of policy. But it has only stopped to
quer" Practically and essentially it deies the law
and the government in the most inexcusabe forms in
which such defiance be expressed or acted
Inspired and governed by the identical policy that
Mr. Huntington invariably applies in his railroad
management, in respect to litigation pending we
understand the fact both in State and Federal courts
thoritative and final decision could have been easily
and promptly obtained if Wells Fargo & Co. had
acted in good faith and upon business rules which
merchants and other ordinary citizens recognize
But it has successfully managed indefinitely to post
pone result that it knows to be inevitable, and
while We do not suppose that the courts aided the
plan of procrasnation certainly their acquiescence
has facilitated practice of piering that is equally
condemned by statutory law and by the moral code
While Congress and the executive department of
the Government so to speak, are 'held up by Wells
Fargo & Co, it continues with a multitude of dis
ordinations that in themselves wholesale in
fraction of the rule of absolute equality applicable
to common carriers, to transfer every possible cent
OF internal revenue stamp expenditure from itself to
the public 1t exceeds even this measure of inquity
for it favors or Furnishes individuals according to
their independence or their submissiveness. study
Of the grain rate schedule lately ratified by the obse
quious Railway Commission, where large reductions
are made in places from which grain is shipped
and the centers of grain production, away from rail
road competition, pundered, will convey fair idea
OF the tyrannous contempt for law that Wells, Fargo
& Co. shares with Mr.. Huntington.
The most perfect illustration of equality before the
law that can be derived from textbooks and from
thorities is its application to common carriers which
deal with large numbers OF people OF every class
cupatiOn and business. Discrimination by common
carriers, especially when exercised arbitrarily and
from motives OF mere cupidity or revenge, is insup
portable under free and stable government. Yet
this is the rule that for thirty years Mr. Huntington
has imposed upon this State and which Wells, Fargo
& Co. is now tenacousy enforcing. The relations
between this corporation and the people for forty
years were substantially harmonious. 1t is
unfortunate that they rudey and ur--
necessarily disturbed.
We insist that the courts move with reasonable
celebrity in the stamp litigation and end the
delay which covers persistent robbery All citizens,
moreover who respect themselves and the laws to the
making of which they have contributed should stand
upon their rights and refuse to yield to illegal and
unconscionable exactions.
A good beginning made yesterday in the Cir
cult Court of the United States when, upon the ap-
pcaton OF Attorney General Ford, Judge Morrow
sent back to the Superior Court the petition for
mandamus filed by Attorney General Fitzgerald to
compel Wells, Fargo & Co. to stamp and transmit
package deposited in order to make a test case.
This is substantial victory that should be vigorously
followed UP.