The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-10-29
ATTORNEYS ADVISED
TO ATTEND SCHOOL
Peter F. Dunno, for Hartman
interests, Suggests That Dew
lin Abandon Law Practice
Judge de Haven Stops Personal
Exchanges in Arguments on
Relating Indictment

Attorneys Peter F. Dunno and Robert
T. DeyIin halted long enough yesterday
in their discussion of railroad and
advice TO each other. Dunno proposed
that Devlin abandon the law and return
to school and the United States district
attorney suggested a similar eduea-
tional course for the representative OF
the Southern Pacific. He added a trib-
ute to what ne termed DUNES excess
sive arrogance.
The diversion came during the after
noon session of the United States dis
trict court and may have led to more
direct and personal exchanges had not
Judge de Haven raped benevolently
for order. Arguments were proceeding
on the demurrer interposed by the Pa
cific Mail and the Southen Pacific TO the
indictments charging them with rebat-
ing on mating shipments from Kobe,
Japan. TO Chicago. Devlin argued that
the through rate from Japan prevailed
and that the steamship line and the
railroad company were jointly respon-
sible
There IS no rate on foreign mer-
chandise from San Francisco TO Chi
cago." declared Devlin. 1T is a joint
rate from Japan. What is the rate un-
der which it could be contended that
tiilS SHlplACGl " dS LidQt AIO14 san
Francisco to Chicago"
The rate is the inland rate inter
rupted Dunno, 'as have previously ex-
planned. l despair OF ever making it
plain 10 you
But you had no such published rate"
replied Devlin.
SCHOOL COURSES RECOMMENDED
Then why not indict US for not
fling the rate" answered Dunno; and
then he added, with a certain degree of
heat, Il think some OF you people had
better go TO school"
Il think you, Mr.. Dunno, had better
go TO school, retorted Devlin, and then
he declared with emphasis, such excess
sive arrogance have never Witnessed .
The clouds lowered about the court
room during the greater part or the
afternoon. Dunno conjured up a long
list of adjectives such as ''puerile,
childish, ridiculous and infantile.' in
describing the contentious of the fed
eral attorney. 1t looked as though an
other storm was brewing, but toward
the close of the hearing the sun shone
brightly and all was Peaceful.
Dunno argued for the two corpora
tions that the interstate commerce
board had jurisdiction only over the
rail part of the shipment, originating in
San Francisco. BY this process of rea-
SOning ne proposed 10 exempt the
Pacific Mail at the outset. knowing that
the Southern Pacific. with experience
born of the past. could take care of it
self The only charge that could then
lie. he argued, was against the South
ern Pacific in having rebated from its
import rate from San Francisco to
the east. This would. in effect, have
given the Southern Pacific a clean bill
as at the time the mating shipments
were made it had not been required TO
file it's import rate" from San Fran
cisco to eastern points and there could,
therefore, be no rebate.
JOINT LIABILITY CHARGED
Devlin showed that the indictments
had been prepared to meet any issue
that might be raised as TO the origin of
the shipment He argued that IL the
shipment were TO be considered as a
through shipment from Japan the
steamship company must be considered
as engaging in interstate commerce and
held jointly responsible with the South
ern Pacific. On the other hand, il the
shipment was to be considered as hav-
ing originated in San Francisco the
Southern Pacific was guilty in that il