The Days of a Man [1896 



the foremost legal advocate in America, who relied 

 largely on Judge Garber's brief in developing his 

 argument. And on March 2, 1896, the Govern- 

 ment injunction against distribution of the Stan- 

 ford estate was finally thrown out of court by a 

 unanimous decision written by Justice John Marshall 

 Harlan. His exhaustive review closed as follows: 



Harlan's Throughout the whole of the Act referred to is the mani- 

 dfcision fested purpose that the California corporation, and the other 

 State corporations named, should enjoy the rights, immunities, 

 benefits, and privileges given to them upon the same terms 

 and conditions as were prescribed for the Union Pacific Rail- 

 road Company. . . . The relations between the California 

 corporation and State were of no concern to the National 

 Government at the time the purpose was formed to establish 

 a great highway across the continent for governmental and 

 public use. Congress chose this existing, artificial being as 

 instrumental to accomplish national ends, and the relations be- 

 tween the United States and that corporation ought to be 

 determined by the enactments which established those re- 

 lations; and, if those enactments do not expressly, nor by 

 implication, subject the stockholders to liability for its debts, 

 it is to be presumed that Congress intended to waive its right 

 to impose such liability. Judgment is therefore affirmed. 



5 



Obstacle Thus was surmounted the greatest though by 

 of debt no means the last obstacle in Stanford University's 

 first decade, for the general estate still remained 

 heavily encumbered. Five and one-half millions 

 of dollars were due to banks and outside legatees, 

 but the process of settlement was hopelessly slow, 

 there being no demand whatever for landed proper- 

 ties, of which there were many pieces scattered 

 through California. It is true that our share (one 



C 504 3 



