Sacramento daily record-union., 1881-06-15
THE pIscsRy1LLs RAILROAD.
The Complaint of El Dorado County ana
the Orders of the Railroad Commission.

The Complaint of Ell Dorado County ano
the Orders of the Railroad Commission.
The county of Ell Dorado. by its Board oi
Supervisors, few weeks ago laid before the
Railroad Commissioners q complaint setting
out that the county subscribed in 1868 S2Oo,'
900 to the capital stock of the Piacervllle
and Sacramento Valley Railroad Company,
taking 200 shares of stock. and that the
money realized from the sale Of bonds issued
for the $500, 600 was used in the construction
of the railroad, and that the company has
paid interest and redemption money since to
the amount of S212, $50, and that sS7, $50 Of
the bonds and interest is still outstanding
against the county. That the railroad was
built from Folsom to Shiugle Springs and
is the only railroad tapping Ell Dorado
county, and the people of the county
have heretofore relied on it to get products
to market and supplies to their homes, SO
much so that the old methods Of freight
transportation have been discontinued. That
the people Of the county engage in farming,
horticulture, viticulture and mining, all OF
which require cheap and rapid means OF COM
munication and transportation to Sacra-
mento. That recently new impetus has
been given to wine manufacture and railroad
transportation is necessary to that industry.
That If the railroad communication is dis
continued any considerable length of time
many of these industries and manufactures
will laneuish and 60 into disuse, to the great
loss of the projectors and the people, and es-
pecially will the fruit interests of the county
suffer. That the mails and express lines
operated over the railroad, and its sus-
pension interferes with them and forces their
carriage by stages and renders them liable to
attacks by highwaymen. That the stoppage
of trains on the railroad will in the next six
months work great injury and loss to the
people, and that the stoppage of the trains
depreciates property Values and as the as
sessment of the railroad footed up S20S, ,375,
its withdrawal will decrease the county as
sessment roll, and the depreciation of values
added will decrease the assessment roll of the
county not less than $500, 600 for 1881. The
complaint rectes that the county has inter
vened in the action of Louis McLane vs.. the
Placerville and Sacramento Valley Railroad
Company, setting forth these facts and ask
ing modification of the order of the Superior
Court SO as to require the Receiver to place
rolling stock on the road and operate the
same, but the Court refused to allow the
county to intervene, ard refused to mod
ify its order either on the application
of the county, or of the Central Pacific Rail
road Company, representing the Sacramento
and Placerville Railroad. That it is under
stood as fact that the Central Pacific Rail.
road had purchased the road-bed of the
Placerville and Sacramento Valley Railroad,
and had, prior to taking possession of the
road by the Receiver (McLane), operated the
same with rollipg stock owned by the Central
Pacific Railroad exclusively, the Sacramento
and Placerville Railroad having no rolling
stock. That for the Receiver to put on roll
ing stock necessary to operate the road over
its twenty-six miles, he must do it under
order of Court, and it is doubtful if the in
come would defray the expense of operating
the road as an independent line. That the
Court has authorized and required the Re-
ceiyer to contract for and procure rolling
stock to operate the road with, and that for
that purpose it is proposed to mortgage
the road-bed and appurtenances and ap.
pendages for sum not exceeding
$50, 600, and that the amount of interest
thereon will be an additional expense to be
earned by the operation CT the road that
the litigation referred to is bitterly and obsti-
nately conducted on each side by the parties
thereto that the orders of the Superior
Court have been taken into the Supreme
Court for review on jurisdictional questions,
it being claimed by the railroad company
that the Superior Court has exceeded its juris-
diction in authorizing the mortgage of the
roadbed to obtain rolling stock, and that the
hearing on the return of the Superior Court
is set for August 5, 1881, in the Supreme
Court, and that when heard it may not reach
the merits of the question, and other and fur
ther delays be had, and the hearing on the
merits be further postponed; that it is repre-
sentsd the Receiver has contracted for rolling
stock which, if hurried up. could not be placed
on the road before the middle of next July,
and that it is hardly probable the Receiver
will proceed to complete and finish the rolling
stock until his authority to do SO is affirmed
by the Supreme Court. That the rolling
stock was removed from the road about Feb
ruary 2S, 1881. That if the road is not
operated before August %, 1881, the fran
chise of the Placerville aud Sacramento Val
ley Railroad Company will be forfeited and
result in irreparable damage and loss to the
citizens and business interests of Ell Dorado
county. That it is the imperative duty of
the Placerville and Sacramento Valley Rail-
and freight of the Central Pacific Railroad
and Western Pacific Railroad and Folsom
and Sacramento Railroad, or any other rail-
road with which it is connected, without
delay or discrimination. (See Article XII,
Section II, Constitution Of California; That
it is the duty of The Railroad Commission to
hear and determine complaints against rail
roads and send for persons and papers and
make orders and punish for contempt
and correct abuses, in the same manner and
to the sa ne extent as Courts OF record, and
enforce its decisions and correct abuses
through the medium CT the Courts (Section
y, Article XII, Constitution Cal /; that
the Railroad Commission have power to COM
pei and enforce the plain duty of the Placer
Vile and Sacramento Valley Railroad Com
panv, or the Receiver of the same, to trans
port passengers and freight delivered to it at
Folsom or Shingle Springs; that citizens
(naming some) have demanded Of said road
to convey them as passengers, and freight
rendered by them, from Folsom to Shingle
Springs and vice versa, and said company has
refused TO comply, ETC.; that the Central Pa
cife Railroad proposes to stock and operate
the road until the Receiver is ready to do it
himself, and then to remove their
stock and turn over the road to
him, and that such offer is fair,
just, equitable and generous; that the
plaintiff to this gave prompt, decided and
offensive refusal. Wherefore, the petition
ers pray that the Commission will make
such orders as are proper in the premises,
and set an early day for all the parties to be
heard, and such witnesses as may be deemed
proper, and inquire into all OF the facts, and
apply such remedies as the Commission may
be advised it has power to do. To this com
plant is attached jdrat and note frora
Attcrney-6ieneral Hart, setting out his
opinion that the proceeding is within the
jurisdiction of the Commission.
Upon this complaint The Board OF Rail-
road Commissioners has issued an order di-
recting service upon all the parties to show
cause why the road has not been and is not
now being operated as required by Section
II. Article XII, Constitution of Ca'ifor.
MIA, aud Section l of the Act of April I5
1880, and that the hearing be had, etc. The
order reqrires the Placervilie and Sacra-
mento Valley Railroad, Judge Hunt. Of the
Superior Court Of San Francisco, Receiver
McI,ane All. Dewitt c. Kittle, tie plaintiff
Ia interest, to answer to these questions:
l. Had the Sacramento Valley Railroad
Company, in good faith, and with all the
locomotives and other rolling stock necessary
to operate the road, commenced business as
common carrier on the 7th of May, 1879, the
day VIXEN the present Constitution OF the
State was adopted, within the meaning of
Sections and II, Article XII, of s.id Goa
stitu,iony
3 Is a railroad corporation completed,
and the corporate company owuing It, en-
gagged in business Herewith within the mean
ing Of Section 6. Article Nil, Constitution
California, and Section 1, Act of April 10.
1885, until rolling stock belonging to said
company is placed on the road and it is there
with operated
g. Has the Placeiville and Sacramento