The San Francisco Call. Newspaper, December 1, 1895, Page 2

2 THE SAN FRANCISCO CALL, SUNDAY, DECEMBER 1, 1895. July 1, 1862, and also to alter and amend the act of Congress, approved July 2, 1864, in amendmentof said first-named act”’ (which said nctof May 78, is usually called the Thurman act), expressly recognized the consolidation of said corporation under the name of the Central Pacific Railroad Company, and ratified said con- solidation and treated the said consolidated Central Pacific Railroad Comp: as vested withall the rights and liable to all the bur- dens, duties and obligations imposed by the Congressof the United States upon said com- panies under the termsof said Actof July 1, , and of the several Acts amendatory thercof and supplementary thereto, and that by the terms of said Act of May 7, 1¢ said Central Pacific Railroad Compan: quired on or before the 1st day of February in each vear to pay into the Treasury of the United States au cent of the whole net earnings of said rail- road, ascertained and defined as in said Act provided, for the year ending on the 31st dey of December next preceding. The intervenors further show that the said Central Pacific Railroad has outstanding first mortgage bonds to the amount of $27,000,000, which are by the provisions of said Acts of Congress given priority to said lien of inter- venors. The intervenors further show that the com- plainant is a corporation organized and exist- ing under the laws of the State of Kentucky and under and by virtue of an act of the Gen- eral Assembly of the Commonwealth of Ken- v entitled - 0 incorporate the thern Pacific Company,” approved March 1884, and by an act amendatory thereof, entitled “An act to amend an act t ate the Southern Pacific Company,” approv March 21, }888; that the Southern Paci Company is In the possession of and operating the said Central Pacific Railroad, claiming the right 50 to do under an alleged lease from the said Central Pacific Railroad Company. by the terms whereof said Southern Pacific Company is required to pay out of the ea s of said railroad the sums required to be p i venors by the Central Pacific pany under the provisions of act. The intervenors allege that said lease wa: made without their authority or consent, and that the same can in no way affect or preju- dice the rights or interests of the intervenor: under the acts of Congress aforesaid. of 8 aid Thurman The intervenors further show that the de- | dants, the Board of Railroad Commissioners State of California, Hugh M. La Ru mes 1. Stanton and William R. Clarke, mem s of and constituting said Board of Railroad Commissioners, are citizens and residents of f Californis, and derive sny and all ority and ‘character as such board provisions of section 2 power, au irom and under the article X1I, of the constitution of the State of ¥ California, and by an act of the Legislature of lifornia, entitled, “An act 1o or- th ver of the Board of ,” approved April 15, said act the office of said :d_and_established at the and County of San_Franciscc the thern district of said State of California, d Le Rue, Stenton and Clarke are resi- nhabitants of seid northern dis- The intervenors further show that the said lines of the pany a d Ce: 18l Pacific Railroad Com- and f e years last past have been by said Southern Pacific Company under said lease from said Central Pacific Rail- roed Com: 8 part of one entirc railrond , generally known and called the Pacific of the said Southern Pacific Company ; at the accounts of the said line of said 1 Pacific Reitroad Company have been separately by said_complainant, and the full amount of met earnings required by saia Thurman act have irom time to time since the commencement of such operation up to the end of the calendar year 1594 been paid for the Central Pacific Railrcad Company by said complminant into the treasury of the inter- venors. v that under and anchises in and and granted, he intervenors further by virtue of the grants and by said acts of the said constituent ¢ ations of said Ce 1 Pacific Railroad Company constructed and ped a line of railroad, now the property id Central Pacific Railroad Compan: mencing at the city of San Jose, in ti State of California, and running through Californis, the State of Nevada and of Utah, toa oint at or near the , & distance of ntral to_pa naintenance ther, f the interest on rst mortgage bonded indebtedness, ge the obligations of said Central oed Company to the United States to obtain from Pacific B the cos exper he service thi at the South- 4 long time 1 continne nd Ter- rail ed, and > commerce is and for & long ported by it at fair and promulgated th the terms and T of the s 0 _regulate approved February 4, 1887. nors further show that the Con- United States has the e: jurisdiction to regulate rates for freight and pessengers over the said lines of said Central Pacific Railroad Com- pany, and that by the terms of section 18 of the sct of Congress of July 1, 1862, aforesaid, ended or repealed, the iroad is entitled to have gs to the amount of 10 bie rates, accordanee W and receive net earn1 per cent upon its e duced, and such reduction can ch rates are reasonable in amount. And the interveno 1lege that by reason of the premises they have a direct and pecuniary interest in the maintenance of reasonable rates of said railroad. The intervenors further show that the rates for freight and passenger trafliciarising and transported over thal portion of the Central Pacific Railroad Company’s said railroad lying within the State of California, now charged by the said Southern Pacitic Company, are not higher than is reasonable and just. Tue intervenors further show that any re- duction on said rates will make it absolutely impossible to realize from the operation of the said Centrel Pacific Railroad Company net earnings to the amount of 10 per cent ot its cost, as contemplated by section 18 of said act of Congress of July 1, 1862, or to any other amount, and intervenors will thereby be de- prived of any portion of said net earnings as might otherwise become payable to it under the provisions of said Thurman act, and such portion of such net earnings will be irretriev- ably lost to them. But the intervenors aver that notwithstand- ing the premises the defendants, as such Board of Railroad Commissioners of the State of Cali- fornia, did, on the 12th and 13th days of Sep- tember, 1885, pass and adopt the lollowing resolutions, to wit: “Resolved, That the present rates of charges for the transportation of freights in California by the Southern Pacific ( ompany and its Jéased lines are unjust to the shippers of the State; therefore, be it “Resolved, That the present rate of charges for the transportation of freights in California by the Southern Pacific Company and its leased lines be subjected to such an average reduction as, including all reductions made therein since December, 1884, shall equal an average reduc- tion of 25 per cent npon said rates, as in ex- istence on said December 1, 1894. “That the meanner of apportionment and effecting said reduction shall be as follows: t—All discrimination in freight charges shall be so adjusted as to make equal Eatenbe tween different points of shipments similarly situated, in so far as circumstances will per- mit, “‘Any reduction in rate made for this pur- pose shall be charged against the class 1o which the commodity or article belongs. “Second—Each class of freight specified by the Western classification, or for which a com- modity tanff exists, snall be entitled to and receive its pro rata of said per cent reduc- tion, determined on the basis that the amount of revenue paid by it bears to the total of said reduction; grovided. that the rate of freight in, each class shall be regulated so as to prevent discrimination in rates or classes or commodi- ties. Said pro rata shall be fixed by the board. “Resolved, That the grain tariff, having been since the first day of December, 1894, sub- jected to & reduction which, inclusive of the amount to be charged against it for discrimi- nation and the percentage hereinafterallowed, will nearly or fully equal the proportion of such revenue reduction; theiefore, be it “Resolved, That the rates at present existing, for the transportation of grain in California by the Southern Pacific Compeny and its leased lines as established by grain tariff No.2, and all subsequent amendments thereto, beand the same are hereby reduced 8 per cent, and the secretary of this board is hereby directed forth- with to prepare for publication by this voard a echedule of rates in_accordance herewith, and when so prepared the same shall be published aL once an ke effect as soon thereafter as ailowed by law, and that.on the adoption of the revised general freight tariff’ of said com- pany herein provided for any furtner per cent reduction due said grain tariff as provided herein thall be given. “ Resolved, That this board proceed at once to adopt & revised schedule of rates in accord- ance herewith, in order that the same may be in force on or before January, 1896; and be it urther “Resolved, That if the necessities of the case 80 require this board will at ouce proceed to the ascertainment of zh;dpmpornon of the re- duction due any commodity which by reason of its nature requires to be moved beiween now and the time herein fixed of the taking effcct of =aid general reduction.” That said resolution refers to and included all wnat part of the said Central Pacific Rail- amount aggregating 25 per | incorpor- | road which is within the State of California as aforesaid. The intervenors further show that that por- tion of the said resolutions having reierence to the reduction of grain rates was adopted by the unanimous vote of all of the members of said board, and the remainder thereof was adopted by the te of defendants Hugh M. Ja Rue and Jam . Stanton, defendant Wil- liam R. Clarke voting against the same. The intervenors further show that, pursuant to said resolutions, said defendants have pre- prred schedules of grain rates in accoraance therewith applying to said Centrai Pacific Railroad within the State of California, and on the 26th day of September, 1895, served the same upon the said Southern Pacific Company, and are proceeding to prepare schedules of rates upon all other classes of freight shipped over said Central Pacific Rail- road within the State of California, in accord- ance with said resolution, und threaten to and will at the earliest possible period, and not later than January 1, 1896, unless restrained by this houorable court, put the same into force and effect, and will attempt to compel said Southern Pacific Company to comply therewith. That there is no reason to believe that the volume of business upon said Central Pacific Railroad will or can be increased by or by reason of such proposed reductions in rates or otherwise by which said proposed reduced rates can become or Le just or reasonable. And the intervenors aver that there can and will be no compensatory increase in the busi- ness and tonnage of said Central Pacific Rail- road resuiting from said proposed redunced and, as the intervenors are informed ana believe and therefore aver, there will be no appreciable or substantial increase what- ever from any cause in such business or ton- | nage. Thatsaid proposed and threatened re- | ductions of the rates of said Southern Pacific Company were declared and resolved upon by said deféndants as said Board of Railway Com- | missioners arbitrarily and without any evi- | dence having been taken or adduced before | said board which showed or tendea to Low that said proposed reduced rates | were or would be just, fair or reasona- ble. aud the rates ~ so proposed to be promulgated and put in force on the line oy aid Central Pacific Railroad, operated by said Southern Pacifie Company in California as aforesaid, are and will be” unjust, unfair and unreasonable, and confiseatory of ihe properiy rights of said_Central Pacific Ruilroad Com- | pany and the United States as its creditor, and | as a'lienholder upon the property thereof; that | no evidence was introduced before said board | showing or tending to show that the present | rates were unreasonable or unjust, but, to the | contrary, all the evidence before said’ board | showed conclusively that the present rates of 2id Southern Pacific Company, collected upon aid Central Pacific Railroad, were and are not n excess of just and reasonable rates upon the commodities transported by it. |~ The intervenors further show that such rates proposed as aforesaid to be put into effect by said defendants, will require said Southern Pacific Company to carry upon said Central Pacific Company many classes of ircight at less than cost, and that such loss eannot and will not be made good, in whole or in part, by rates on other commodities fixed pursuant to the resolutions aforesaid of said defendants. That such proposed reduced rates cannot be adopted or put or continued in effect upon said Central Pacific_Railroad without serious and irrepara- able injury to and destruction of the prob and property rights of said Central Pacif Railroaa Company and of the United States, its creditor, and as & lien holder uvon the prop- erty thereof. That the rai oad and property of the said Central Pacific Railroad Company, upon which the intervenors have a lien and in which they have the property rights and in- terest before referred to, have no other or different value or use than as railway prop- | erty, ana as the same are operated in the car- riags of the persons and commodiites for hire, and that the intervenors’ lien thereon and their property rights and interest therein are determined and fixed by the productiveness and ear ning capacity thereof. The intervenors aver that if the reduced | rates proposed as aforesaid are established | and put into effect by the defendants the re- sult will be a_serious and irreparable reduc- tion in the value of the lines of the railroad | and property of the said Central Pacific Rail- road Company and a serious and irreparable reduction in the earnings thereof, thereby im- | pairing, taking and destroying the inte venors’ property and interest therein. And the intervenors fear, apprehend and | allege that under said reduced rates proposed | and threatened by said defendants, the said Central Pacific Railroad Company will be un- | able to earn or provide for the full interest upon its first mortgage bonds, and that its abil- ity to pay or discharge its obligations due to the intervenors as aforesaid will be impaired and destroyed; that if the productiveness and | earning capacity of said Central Pacific Rail- | road Compauy shall be so impaired and de- | stroyed as aforesaia, said Central Pacifi¢ Rail- road Compeny will ‘be wholly unable to pro- vide for or pay the interestdue upon its first mortgage bonds, or to make any further pay- ments in discharge of the obligations o the | United States, and that the lien for the security of said first mortgage will be enforced through foreclosure proceedings carried to decree and sale, and that upon such foreclosure and sale, the said railway and property will not bring, by reason of its arbirarily diminished earning capacity, a sum equal to the amount of indent- | edness secured by said first.mortgage, thus leaving no property or surplus with which to discharge the obligations due by the Central Pacific Railroad Company to the intervenors as hereinbefore stated. The intervenors show that the effect and operations of the action of said defendants, in accordance with their resolution hereintofore set forth and threatened, will be to deprive the | intervenors of their property rights and in- | terest in said Central Pacific Railroad and the intervenors aver that they would be so de- prived of said property rights and interests without dr cess of law, and in viowtion of the constity 1d laws of the United States. The_intervenors further aver that, prior to the election of said defend Hugh M. La. Rue and James L. Stanton, as members of seid Board of Railroad Commissioners, each of said defendants was nominated as a candidate to the electors of his respective district by State convention of one of the leading politi- cal parties within the State of California; that, in the platform adopted by seid convention there was conteined the following resolution and pledge, to wit: | “Resolved, That the charges for the transpor- tation of freight in California by the Southern Pacific Company of Kentucky its leased lines should be subjected to an average reduc- tion of not less than 25 per cent, and we pledge our nominees for Railroad Commission- ers to make this reduction.” That said platform was indrosed and said resolution and pledge were accepted and con- sented to by each of said defendants as a | nominee as aforesaid of said convention, an: he intervenors are infornied end ver believe, neither of said defendants would have been s0 nominated by said convention except upon condition that said platform, resolution and pledge had, prior to such nomination, been 5o indorsed, accepted and consented to by him; end each of said defendants did present himself for election to the electors of his re- spective district upon said platiorm and said pledge therein contained, and did publicly rep- resent and declare, as an inducement to secure his election, that if elected he would subject | the charges of said Southern Pacific Company upon 11s leased lines, including said Central Pacific Railroad in California, to the reduction specified in said pledge; and that in conse- quence of said pledge and inducement taken and offered as aforesaid, as the intervenoss are informed and verily believe and therefore aver, the electors of their respective districts were induced to and did elect said defendants, La Rue and Stanton, to their said offices as members of the Board of Railroad Commis- sioners of the State of California; that by reason of the promise said defendants, La Rue and Stanton, were and are wholly disqualified from ecting as membess of snid Board of Rail- road Commissiouers in determining or fixing the rates of freight to be charged or collected upon said Central Pacific Railroad in Califor- nia. And the intervenors aver that the actions of the said defendants La Rue and Stanton, as members of said Board of Railrond Commis- sioners, in voting for the resolutions herein- before set out and theirsaid threatened actions in pursuance thereof were not in good faith nor the result of a bona fide determination that the said reductions of rates so proposed to be made were just and reasonable, but were done and threatened pursuant to the pledge aforesaid, and_without regard to the reason- ableness of said proposed reduced rates or the rights of the saia Central Pacific Railroad Com- no rovision is therein contained nor is guy provision contained in the said act of the Legislature of said State whereby said Southern Pacific Company, or_any other car- rier within the purview of said provisions, is entitled toa hearing before said mmmuslmeld' nor is there any provision therein containe for summons or notice to any such carrier before said commission may declare and estab- lish such rates, nor is any opportunity therein providea for any such carrier affected merebé 10 introduce wiinesses or evidence before sai commission; nor is there any right thereby grantea to said Southern Pacific Com- Lany, or any of its lessors, or to said Eentral Pacific Railroad Company, or to the intervenors to & judicial mvcsllinllqn. by the process of law, for the investigation judicially of the fact as to whether the rates now charged by said company are just and reasonable, or otherwise, or as to whether the rates proposed 1o be fixed, established and enforced by said commission are just and reasonable, or other- wise; that the provisions of the constitution of the State of California, hereinbeforealleged and referred to, are made applicable only to rail- Toads owned by corporations and companies,’ and do not apply to railroads generally, and the fines and penalties therein prescribed are thereby imposed only upon railroad cor- porations and companies and their officers, agents and servants, and are not imoosed upon or made applicable to other owners of rail- roads; and that, by reason of the premises, said Southern Pacific Company and said Cen- tral Pacific Railroad Company and the inter- venors are each deprived of property without due process of law, aud denied the equal pro- tection of the laws. The intervenors further show and aver that unless immediate relief is granted the defend- ants will proceed to promulgate and enforce the rates of freight so as aforesaid unlawfully resolved upon and threatened by them; that said Southern Pacific Company or its said lessor the said Central Pacific Railroad Company will be harassed by a multiplicity of actions to enforce the same, or the penelties prescribed by the said constitution of said State of Cali- fornie, for a failure to comply therewith; that the said proposed rates would resultin & seri- ous and very large reduction in the earnings and revenues of said Central Pecific Railroad, which will be frretrievably lost to said Central Pacific Railroad Company and to the inter- venors, so far as they are interested therein as aforesaid, whereby said company will be pre- vented from making any payments to the intervenors, as provided in said acts of Con- gress aforesaid. + The intervenors further show that this cause is a suit in equity, of a civil nature, and that the matter in dispute exceeds, exclusive of in- terest and costs, the sum or value of $5000, and that this cause is a suit arising under the constitution and laws of the United States, to wit,under section 1 of article XIV of the amend- ments to said constitution, and that 1n this case and sult there is a controversy between citizens of different States, in which the mat- ter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, andjalso a controversy between the United States and citizens, & Wherefore intervenors pray thatan injunc- tion may issue out of thiscourt restraining and enjoining the defendants, and each of them, from adopting, publishing, promulgat- ing, or putting or attempting to put into force any schedule or schedules of rate or rates of freight charges, in accordance with the resolutions of said Board of Railroad Com- missioners of the State of California, herein- before set forth, or from reducing any of the freight or passenger rates of said Central Pacific Railroad, or adopting or attempting to put in force any schedule or schedules of such reduced freight or passenger rates, or frcm in- stituting a&ny suit or suits, action or actions against said Southern Pacitic Company or said Central Pacific Railroad Company, for the en- forcement of such reduced freight or pas- senger rates, or any thereof, or for the recovery of any fine or penalty for failure or refusal to comply therewith, and that an in- junction may issue pendente lite embracing ail of the relief herein prayed for, and that such injunctior may continue in force until the termination of the hearing for & writ of injunction, and on the final hearing of this cause the intervenor may have all the injune- tions herein prayed for made perpetual, and that the intervenors may have such other and further relief as the case may require and to the court shail seem just and equitable. JUDSON HARMON, Attorney-General United States. By I 8. Foote, United States Attorney North- ‘ern District of California for United States of America. ‘When Attorney-General Fitzgerald was seen yesterday alternoon after he had been served with a copy of the bill he re- fused to enter into any detailed discussion of it. . He said he had not yet had time to read it carefully, but that on Monday he would go overit with his associate coun- sel—Attorney Robert W. Hayne, W. W. Foote and J. C. Daly—and then determine whether or not he would oppose the mo- tion of the United States District Attorney to be allowed to intervene, and also the manner in which the Government’s action is to be met. William F. Herrin, the solicitor for the Southern Pacific Company, declined to discuss the matter at all. Decided and varied expressions were heard concerning the significance of the new move. Many were confident it was a scheme of C. P. Huntington to force the Federal Government to take up the fight against a reduction of rates and save the Southern Pacific Company, to a great ex- tent, from the brunt of battle. Others see in it an attempt on the part of the Fed- eral authorities to extend the power of the National Government at the expense of the State, and the discussion of the sit- uation not unfrequently led into a debate on the relative rights and prerogatives of the State and Federal governments. Should the motion of District Attorney Foote be granted by Judge McKenna on Monday, the 9th of December, it is stated on good authority that the Department of Justice at Washington will be asked to employ special counsel to assist the Dis- trict Attorney. Mayor Sutro expressed his indignation at the proposed intervention of the Fed- eral Government in no measured terms. “This latest move of the railroad peo- ple,” hesaid, “isright on a par with the rest. They are a set of robbers, brigands and tyrants, and have always been such. For years they hava been our rulers; they have bought up our Judges and juries at their own sweet will, and they rule us now, for they are themselves both Judge and ?nry—yes,and Prosecuting Attorney as well. “And now they have brought the Fed- eral Government into this thing because they think they can manage it at Wash- ington better and easier even than they can manage us. They know that the sen- timent of the great mass of the people 1s against them, and they fear that senti- ment, and that is the reason for the change. “The law of the matter? I cannot give you that, for I am no lawyer. Ifthatis what you want, you must go to the law- shop of the railroad and perhaps the;«' will give it to you and perhaps they won’t. “But this I do know; this state of affairs is‘all the fault of the people of this State. They have let the railroad trample on them with impunity. They have haa no backbone at 2ll, nor bave they dared to fight the railroad on any proposition. But if they do not resist this they are a set of puling cowards and they ought to be trod- den on. y “The fact of the matter is the railroad has ruled California so long and so easily that it now aspires to rule the whole United States. And it will do it, too, if the people of this State do not prevent it. That cor- poration reminds me of the feudal barons of Germany in the Middle Ages, who took what they pleased in the way they liked and robbed and killed and muraered with- out let or hindrance. That is just what the railroad is doing and has been doing. pany or of the intervenors, and to deprive each of them of property without due process of law, and deny to each of them the equal pro- tection of the laws. The intervenors further aver that neither the said Southern Pacific Company, nor the said Central Pacific Railroad Company, nor the intervenors have consented thatsaid de- tendants, La Rue and Stanton, shouid fix and establish such rates, nor inany manner waived any of their disqualifications aforesaid, bur, on the contrary, the said the Southern Pacific Company has protested in writing, filed with the secrétary of said Board of Railroad Com- missioners, and brought its protest to the knowledge of said Commissioners, und each of said defendants, La Rue and Stanton ainst either of said defendants taking any part in the fixing, establishing or enforcing of any such rates, or making or attempting to make ::x%redncuons or rates threatened .as afore- 1d. _The intervenors farther aver that the provi- sions of the constitution of the State of Califor- nia and of the actof the Legislature of said State hereinbefore alleged and referred to, un- der which said defendants are constituted and acting as such Board of Railroad Commission- ers of the State of California, and the action of said Commissioners thereunder, are in viola- tion of and repugnant to the provisions of sec- tion 1 of fourteenth amendment of the con- stitution of the United States in this: Thatiby the said provisions of the constitntion of said State it is declared that the rates of frelght au- thorized 1o be fixed and established by said Board of Reilrond Commissioners, shall in all controversies) conclusively Just and reasonable and [} b Taik about American liberty! There isn't any.” e NEW AFFIDAVITS. Further Exceptlons Taken to the Southern Pacific Company’s Bill of Compiaint. Attorney-General Fitzgerald yesterday seryed copies of the amended affidavits and also of two new affidavits of Railroad Commissioners La Rue and Stanton on William F. Herrin, solicitor for the Southern Pacific Company, in the case of that coporation against the Railroad Commissioners to restrain the latter from reducing rates. The character of the amendments made to the original affidavits was given ex- clusively in yesterday’s CALL. The two new aflidavits are exactly alike, except that one is signed by H. M. La Rue and the other by james I. Stanton. That signed by Commissioner La Rue follows: H. M. La Rue, being duly sworn, makes oath: That he is one of the desendants in the above- entitled cause, and in addition to the matters set forth in the affidavits heretofore made b this affiant in the cause, affiant deposes an Mcivil or criminal, be deemed | says: 2. hat he has aever threatened to put inforce or effect un[ schedule or schedules of rates, or reduction of rates, except to give legality to the same by establishing and publishing tke same in accordance with the constitution and laws of the State of California; that afliant is ad- vised by his counsel and verily believes and s0 charges that by section22 of article XII of the !i‘flfl!fl!flflol\ of the SIM&! Df‘(n]xlfon‘l‘éu, the penalty for disobeying and refusing to com- By with the rates ‘Setablished by the Beard of ailroad Commissioners, of which afliantis a member, is by fine upon the company and fine or imprisonment of its officers, and that the offenses ate criminul offenses against the peace and dignity of the State of California, and that prosecutions to punish the same are criminal prosecutions with end over which neither affi- ant nor the Board of Railrosd Commissioners nor any member thereof has any power, juris- diction, control or connection; and that, as affiant is advised and believes, and charges as aforesaid, neither affiant ner the said Board ' of Railroad Commissioners nor any member thereof has any power, jurisdiction or control over or auny connection with any proceeding, whether civil or criminal, to enforce ary action taken by it, except only action taken upon & specific com- plaint against a trapsportation company, which is not the case set forth in the bill in this cause, and of which there is no question before the court; and that affiant has never threatened or inténded to take any action or proceeding whatever to enforce auy rates es- tablished by the Board of Railroad (Aar‘nmm- sioners as set forth in_the complainant’s bill of complaint: and that it is N0t true that com- plainant will be harassed with a multiplicity of actions in the premi " And affiant further says that the complainant appeared before the Board of Railroad Com- missioners by its attorneys and ageuts, and was accorded the fuliest and amplest hearing upon the question of the reasonableness and justice of the rates under which it was then operating, and of the reasonableness and jus- tice of the rates proposed to be estabiished” by saia board, and that complainant introduced before said board as much evidence upou said questions as it desired to introduce, and was accorded full and ample opportunity to argne said questions before said board; and that the merits of said questions were’ as fully and amply litigated before said board as they could be before this honorable court. R e BEFORE' THE JUSTICES. The Assistant Attorney - General Tells of Mr. Foots’s Action. WASHINGTON, D. C., Nov. 80.—The Ssn Francisco dispatch stating that United States District Attorney Foote had notified the Attorney - General of that State and the attorneys for the California Board of Railroad Commissioners that the United States had determined to contest the action of the Commissioners in ordering the Southern Pacific Railway Company to inaugurate a schedule of reduced rates, wasread with much ir.terest by the officials of the De- partment of Justice. Assistant Attorney-Generai Russell, who is in charge of litigation affecting the land grant and bond-aided railroads, stated that District Attorney Foote had acted in the matter without specific instructions from the Attorney-Generd. His position as the legal representative of the Government in that Stateand the general instructions from the department, Mr. Russell said, were sufficient warrant for the District Attorney acting as he had, and especially if he believed the case to be one demanding immediate attention. The interest of the Government in the case, if it had any, Mr. Rassell explained, was due to the fact that the Southern P: cific Company was the lessee of the Cen- tral Pacific Company, which was a debtor to the United States in many mullions of dollars. SELECTED SPEAKER, Continved from First Page. day at § o'clock to ndmindts men for the offices of clerk, doorkeeper, sergeantrats arms, postmaster and chaplain of the Fifty- fourth Congress, wkich will convene on Monday next. The rollcall disclosed the presence of seventy-five members, an un- usually large number, when the perfunc- tory character of the proceedings is re- membered. On molion of Mr. Catchings of Missi sippi Mr. Sayers of Texas was chosen tem- porary chairman. Mr. Lester of Georgia proposed the names of Messrs. Rusk of Maryland and Robertson of Louisiana as the permanent secretaries of the Demo- cratic caucus. They were elected unani- mously, as was Mr. Culberson of Texas for permanent chairman. Mr. Richardson of Tennessee nominated ex-Speaker Crisp of Georgia for Speaker, and in putting him in nomination said: “To-day without a doubt a majority of American voters are Democrats, and if the white men of the country alone are esti- mated there is no question but that our party has a majority of more than 1,000,000 voters, No true Democrat need ihen de- spair nor give up the ship. Our party in past has laid to sleep in forgotton graves each party in turn which has contended againstit. I have an abiding faith it will yet do the same thing for its present po: litically strongest and greatest rival. “To do this we must cause the strife to cease within our own family; choose for our leaders such feariess and patriotic Democrats in all the States and districtsas I am about to name, inscribe on our banners genuine and time-honored policies, lay aside ail newfangled doc- trines, ana in the language of the good book, ‘Avoid foolish questions and contentions, knowing that they do gender strifes and are unprofitable and vain’; continue the struggle for reduced taxation, for cheaper clothing and supplies for our people; for broader and wider and better markets for the products of our fields and manufac- wures; for economy in our public expendi- tures; for simplicity in our governmental affairs; for real reforms in legislation; for home rule; for an ample circulating medium for our commerce and trade; for sound money and gold and silver coinage of the constitution, and Democracy will be again triumphant.” Mr. Richardson’s speech was warmly applauded and Mr. Crisp was unanimously elected. Mr. Catchings of Mississippi then placed in nomination the following: Clerk, James Kerr of Pensylvania; door- keeper, A. B. Hurt of Mississippi; sergeant- at-arms, Herman W. Snow of Illinois; postmaster, John T. Ross of Maryland; chaplain, Edward B. Bagby of Virginia. They also were unanimously elected, whereupon the caucus adjourned. After the adjournment of the House on Monday the Democrats will again caucus and select the minor officers, to which they are entitled as minority representatives. BUT JENNE WAS NOT DEAD. Football-Players Premature in Sending Messages of Condolence. WICHITA, Kans., Nov. 30.—A report gained circulation here to-day that Jesse Jenne, the Eureka football-player who was injured in Thursday’s game which came off there between the Eureka eleven and the Lewis Academy team of this city, had died. The local papers announced Jenne's death in big head lines, and the members of tlie academy team passed resolutions of condolence which, with a beautiful floral tribute, ware sent to the supposedly be- reaved parents, To-night their sorrow was turned to joy by the receipt of a dispatch from Eureka saying that Jenne was still alive and that he might possibly recover. 1 —_— A GREAT sale; Brittan ranch at auction, See McAlee Bros,’ advertisement, this issue, * HISSES FOR ALTGELD Illinois’ Governor Caused Trouble at the Scotch Banquet. CREATED A SENSATION. Could Not Let Pass the Praise of Cleveland by Campbell of Ohio. OBJECTED TO THE EULCGY. There Were Unpleasant Scenes and Interruptions Until the Subject Was Changed. CHICAGO, ILr., Nov. 30.—Five hundred sons of Scotland and others from various States and Canada celebrated at a banquet in the Auditorium Hotel, to-night, the an- niversary of St. Andrew’s day and the semi-centennial of the founding of the Illi- nois St. Andrew’s Society. Among the distinguished speakers were Governor Alt- geld, ex-Governor James E. Campbell of Ohio; Sir James Grant, M. P., of Ottawa, Ontario; President Harper of the Univer- sity of Chicago, Major-General Wesley Merritt and Mayor Swift. Governor Altgeld’s opening remarks created a sensation and brought forth hisses from some of those present. He spoke in reply to Governor Campbell of Ohio, who made an address ringing with praises of President Cleveland,who, he said, did net want a third term and who would at the proper time announce a foreign policy in good accord with the sentiments of a liberty-loving nation of freemen. ‘When Governor Altgeld arose a few minutes later, those who knew him ana could read his features saw he was about to say something of an explosive charac- ter, and they were not disappointed. “A great picture-maker,” began the Governor, “always wants a dark back- ground to show off his fine work. That is what U am here for to-night. I am the dark background to this great array of eloquence and learning. *‘When Cameron invited me to this jubilee meeting he said ‘Governor, we must have you,” and 1am here. But I will say new that Iam not here for the purpose of lauding any man into the office of President or out of it. I want to de- clare to you that I have not come here with a commission to aggrandize the financial policies of Presiderntial candi- dates. “I desire to impress upon your minds that I did not come here with or without a commission to explain or excure any man’s foreign policy that may happen to require either explanation or excuse, and I am not here to tell in glowing words and polished phrases of any President who thinks he is a greater man than was George Washington.” At the first utterance that gave warning of what was coming the presiding officials at the speaker’s table grew uneasy and shifted in their seats. As the Governor warmed to his subject and exhibited the pique he felt at being forced to listen to the laudation of President Cleveland, there were a few hisses from the body of the house, and D. R. Cameron, one of the officials of the society, started toward the Governor as if to protest. The hissing grew more pronounced as the Governor proceeded. - Ex-Governor Campbell turned red and pale alternately and faced the speaker in a defiantattitude. Everybody at the table and the greater part of the audience were impressed by the scene, and it was not until Governor Altgeld ceased his reply direct to Governor Campbell and turned to the subject mat- ter of his speech that the excitement died away. Governor Altgeld then made a set speech. i e VIEWS OF CAMPBELL. Says Cleveland Has No Idea of Securing a Third Term CHICAGO, ILL., Nov. 30.—Ex-Governor Campbell of Ohio, who arrived nere this morning to attend the St. Andrew’s So- iety banquet, said for publication : “Grover Cleveland has not the slightest idea of accepting a nomination for the Presidency should it be offered him by the Democratic party in 1896. Why, Mr. Cleve- land would not think of it for a moment. “The spirit of the whole country is against the third term, and the leaders of the party, as well as Mr. Cleveland, are of the same mind. The prospect of the party in 1896 is good. It will pull together and make a hot race. There will be no land- slide. - “William McKinley cannot carry the delegation from his State. The heart of the people is with him, but the leaders will be for the man who will place in their hands the patronage of Ohio.” The ex-Governor and Secretary of Agri- culture, who is here visiting his son, were entertained at luncheon at the Iroquois Club. ME. Traffic Across tho Isthmus. WASHINGTON, D. C., Nov. 30.—Consul Vifquain, stationed at Panama, says that, including the vears 1893 and 1894, before the Wilson tariff bill went into effect, the transit tariff across the isthmus from San Francisco direct to Europe was practically nothing, but since the law went into effect the transit business foots up for the last four months, from July to October inclu- sive, a total of 2374 tons, this transit now amounting to more than ever before in the history of the Panama Railroad. gy Departure of a Diplomat’'s Widow. WASHINGTON, D. C., Nov. 30.—Mrs. Thedim, the widow of the Portugunese Minister who died a few days ago, left for New York en route to Portugal. The body of her husband has been transported to Portugal. The Portuguese Minister and his wife were great favorites with the diplomatsand Government officials. Con- sequently when Mrs. Thedim departed from the Capital city a number of envoys were at the delpot to pay their respects and say farewel A Justice for Utah. WHSHINGTQN, D. C., Nov. 30.—The President has apvointed H. H. Rolapp of Utah to be Associate Justice of the Su- reme Court of the Territory of Utah, vice {Villiam H. Smith, deceased. RS U Ay The Gold Reserve. WASHINGTON, D. C., Nov. 30.—As a result of Secretary Carlisle’s recent favor- able offer for gold, $357,600 has been de- posited 1n the treasury. In the meantime, however, five times as much gold has been withdrawn for export. v ———— The Biy Treasury Deficit. | WASHINGTON, D, C., Noy, 30.=The deficit for November, in round figures, is $1,000,000. The deficit for five months is $17,500,000. e KILLING OF MOTHER SEALS. It Will Be Made a Subject of Inquiry by the Senate. WASHINGTON, D. C., Nov. 30.—The recent report from the Treasury Depart- ment relative to the cruel kiiling of mother seals, leaving the pups to die of starvation, will be made a subject of inquiry by the Senate immediately after the convening of Congress. Senators of prominence state that the absence of positive action was due not to neglect, but to design. This serious c_l:inrge will be made from the Democratic side. It is charged by Senators that under the Treasury regulations as now enforced sealers who go to the coast of China, Japan and Russia to catch seals during the pro- hibited season here are permitted to carry double-barrel shotguns under seal. On their return to this country they reach the American seal resorts at a time when hunting is permitted, then breaking the seals on their arms begin the attacks. It is contended that if the Treasury enforced the regujations as intended these sealers would be compelled to return to American ports and zet arms before starting. This would reduce the destruction to a mini- mum. BIDS FOR BATTLESHIPS One of the Vessels, at Least, Will Be Constructed by the New- port News Company. The Union Iron Works, However, Is Yet Confident of Securing One of the Contracts. WASHINGTON, D. C., Nov. 30.—Itis regarded as remarkable by naval officers that the lowest bid for the new battleships should have come from the Newport News Shipbuilding Company, and no doubt is expressed that the Kearsarge and perhaps her sister armor-clad will be awarded to that company, which is largely owned by Collis P. Huntington. This company, which is less than ten years old, has already built two cruisers for the Government, as well as a large number of steel merchant vessels, and it is regarded by experts as the most modern and best equipped plant in the world. President C. P. Orcutt of the company who attended the opening of bids to-day is confident that the award will be made to him, as his figures are each $90,000 less than the heaviest competitor, the Union Iron Works of S8an Francisco. In his opinion the provision of Congress that one of the vessels should be built on the Pacific Coast, if it could be done rea- sonably, will count for nothing, as Con- gress, he says, certainly did not intend to give a bonus of $200,000 or $300,600. Mr. Orcutt says the Newport News com- vany was enabled to bid so low for these ships because the facilities of his yard en- able good work to be done cheaper there than elsewhere, and that it is the only yard in the country where battle-ships can be docked. The Newport News Company submitted the lowest bid for constructing one ves- sel, $2,350,000, and both vessels, $2,250,000 each. The Union Iron Works bid was, one vessel, §2,740,000; both vessels, $2,640,- 000 each. Cramp’s bid for one vessel was 32,8120,000, and for both vessels $2,750,000 each. Henry T. Scott of the Union Iron Works said to THE CALL correspondent to-night: “We believe that one battle-ship will be built on the Pacific Coast, inasmuch as the difference in the bids was not considerable and the intention of Congress as expressed in the appropriation act favored the con- struction of one of the vessels there, pro- vided the bids were reasonable.” BOOM OF MINING STOCKS No Abatement of the Active Speculation in Colorado Exchanges. High Prices Are Reached and the Owners of Shares Are Stub- bornly Holding On. DENVER, Coro,, Nov. 30.—There was little activity on the Denver Mining Ex- change to-day because of the rapid rise in quotations of nearly all Cripple Creek stocks. Brokers do not like to fill orders for customers at prices which seem too high, and a general decline is anticipated. Holders of advancing stocks as a rule pre- fer to take their chances, andselling orders are few. The amount of new money com- ing in for investment in stocks is surpris- ingly large, and to this fact is due the strength of the mining stock market. The officially reported sales to-day amounted to 733,027 shares, and for the week 4,833,752 shares. The strength of Cripple Creek stocks is based upon the buying demand, and that comes because of the belief that the stocks of companies operating in Cripple Creek haye a speculative and also a prospective value. The camp is now producing about 800 tons of ore per day, all the smelters and reduction works have more ore offered them than they can use, and enough ore is now in sight to keep busy mills of double the capacity of thcse now operating. To this splendid condition is added the prob- ability of more rich strikes in the district where so much activity is noted. et Rev. Mr. Smith Insane. WASHINGTON, D. C., Nov. 30.—The Secretary of the Interior to-day granted a permit for the commitment to the Govern- ment Hospital for the Insane, at Wash- ngton, D. C., of Rev. Frank Hyatt Smith, now in custoéy of officers at Boston. Merit Is what gives Hood's Sarsaparilla its great })opulnmy and constantly increasing sales. t %erienly and permanently cures ca- tarrh, rheumatism, scrofula, salt rheum, in fact all blood diseases, because FHood's Sarsaparilla Is the One True Blood Purifier. Hood's Pills cure all Liver Ills. 25 cents. FOR BARBERS, BAK- BRUSHES .=k k= o DL o e e foundri laundri 5, tmmee Rt et o ete. Brush Manufagturorts 60D Sacramentoshy NEW TO-DAY. EAGLESON & G0.’S GREAT STOCK —O0F—— WINTER Underwear DIRECT From the Mills and sold at about WHOLESALE PRICES. The Largest Stock And Greatest Assortment Of Underwear of any Retail Men’s Furnishing Goods 'Concern in the United States ALL EXTRA VALUE. Please Call and Examine Our Stock. 748 and 750 Market St. 242 Montgomery St. 112 S. Spring St., L. Ang. Shirt Factory 535 Market St., S. F. UNIQUE —and mere—artistically unique is RATTAN CORNER CH’AIR.‘1 e In rattan furniture the designer’sart and taste are unshackled, and the variety of fancy productions for useful purposes is interesting and entertaining. Spend some spare time with us. NELSON RATTAN CO., 832=834 POST ST. ECTIONS for us- 'AM BALM. — Apply a particle of the Balm well up into the nos- trils. After gmomentdraw atrong breath through the nose, Use thres times a day, after meals preferred, and before retiring. CATARRH ,¥’S CREAM BALM 'as and cle: Ihfilll\ Passages, Allays hn?f:a hfil“:&:: Heals _the Sores, Protects tho Mem! o from colds, Restores tho senses of Taste The Balm is quickly absorbed and gives relief as dnce. A particle is applied into esch nostril and s ble. Prie MANLY VIGO T NCE MORE in harmo ' O o 2005 o -i,(i lhs e et ‘]"‘( ! he greatest, grand- LGl est and most suc- i ()7 ) cessful cure for sex- A r = ness an lost vigor known to ‘medical sci m}\o‘: -mz ym‘gfs, sent to suf- fering men (sealed) free. Full manly vi permanently restored. Failure Impzmgfet ERIE MEDIGAL CO.,BUFFALO,N.Y. STORRS’ ASTHMA REMEDY, CURES ASTHMA. Stops the severest paroxysms in ONE MINUTE. 10¢, 25¢c and 50c sizes. All druggists have it, or any size will be mailed on receipt of price to KIBBLER’S PHARMACY, 8W. Cor. Larkin and Turk Sts., S.F. COAL! COAL! Wellington. Southfield . 950 . 700—Half ton 350 . 800—Half ton 400 - 8 0U—Half ton & 0V Telephone—Black—35. KNICKERBOCKER COAL CO., 522 Howard Street, Near First.