Sacramento daily record-union., 1882-05-11

from Folsom to Single Springs.
For some fourteen months the Folsom and
Single Springs line Of railroad tas familiarly
known has been closed against the public, it
having been placed in the hands of receiver
pending litigation concerning certain bonds
Issued by the corporation that built the road,
known as the Plscerville and Sacramento
Valley Railroad Company. The stoppage Of
trains on the road hss been not only source
of great Inconvenience to the travelling pub
lie, but of great loss and injury to those who
have relied upon It for the transportation
Of freight to and from this city. The people
Of Ell Dorado county and the northern part
of Amador have suffered very material in
Jury IN consequence Of the road not being
operated, and if not opened again soon they
will suffer still more than they yet have done,
As the present outlook is favorable for an i'm
mense fruit crop in Ell Dorado, where re-
lance has been and must be had upon this
road to market the same as it cannot be sue
cessfully done with wagons. The course
which has been pursued in this case by the
receiver and the party at whose instance be
was appointed would seem TO be
ENTIRELY UEJUsTITIABLE,
And, under the circumstances, in this case, in
violation of all the principles usually govern
ing the action Of receivers in this class of
cases. 1t is the opinion of the best lawyers
that the law never contemplated the appoint
ment OF = receiver simply for the purpose of
closing up operations on o railroad, where
such action can result in no benefit to either
of the parties litigant, but only in running up
& bill Of costs and expenses against the prop
erty, and leave the public, who are not par
ties to, or interested in the result of the ac'
tion, but who are interested in having the
road operated, to suffer the consequences OF
such dog in the manger proceedings. Soon
after trains were withdrawn from the road,
Judge G. +. Irwin Of Placerville, and John
c. BGrch of San Francisco attorney, were
employed by the Board Of Supervisors Of FL
Dorado county to use their endeavors to have
the road opened again, but the county not
being party to the action, and having no
standing in Court, other than as friends Of
the Court" they have thus far failed in &C.
c1mplishing the purpose.
Recsntly, however, 9 petition was pre-
sented to the Attorney General for permis-
sion to use the name Of the People of the
State, which, upon a bond against costs and
liability being given, was granted. Under
this permission these gentlemen. acting as of
counsel, presented to the Supreme Court at
its recent session at Los Angeles petition
in the name OF the People for
WRIT OF MANDATE
Against the receiver, but this was denied,
the Supreme Court holding that if any rem
edy existed it was with the Court appointing
the receiver. They have since filed peti-
ton in the Superior Court of San Francisco,
and have made motion in the case, in which
the receiver was appointed, based upon
the facts stated in the petition, upon
which motion Judge Hunt has made an
order directing the receiver to appear
in Court on May Both and show
cause why he does not operate the road, and
why he should not be removed and another
appointed in his stead. Some hopes may
now be entertained that something will be
accomplished, and that the road will be
opened again 10 time to move some portion,
If not all, of the immense fruit crop likely
to be shipped from Ell Dorado, although
Eome time will be required 10 move the grass
from the track, aud make necessary repairs,
for nothing has been done in that direction.
THE FACTS
Stated 10 the petition fled, which is the
bssis of the motion on which Judge Hunts
order was made, may be thus presented: That
the railroad line from Folsom to Shingle
Springs was constructed under properly
incorporated company. That In 1877 It
passed from the original company to the
Sacramento and Placerville Railroad Com
pany, which operated it, carrying passengers
and freight as presented, and continuing to
do so until in 1879. when it was taken out OF
the possession OF that company in an action
by Louis McLane against the company to
foreclose mortgage claim against the COM
many. In that action Louis AIcLane was
appointed receiver of the road.
That the order of the Court SO appointing
the receiver was in force and effect In 1851
and still is ia force, and-ssid- receiver is now
in charge of said line Of road. That said line
connects at Folsom with line CT railroad to
Sacramento, and thereby connects with the
general railroad system of the State of Cali
foruia, That the line of road from Folsom
to Shingle Springs is the only railroad leading
into or out Of the county of FL Dorado That
when said road is operated, it does the chief
transportation business of the people of Ell
/. Dorado county and of large portion of
THE PEOPLE OF AMADog COUNTY.
nat to be deprived of transportation by this
lie is a severe injury to the people OF Eaid
hty and their industries. That it is the
Of Receiver McLane, under the laws of
Iornia requiring railroad corporations to
lte their roads, to open the road in ques-
Ior the carriage of freight and passen-
end to receive all freight and passengers
By the roads and system Of
connecting with such railroad 30
chsree. That though said receiver
kp often requested. he refused, and still
to operate said road, to receive pas
that have desired carriage over the
refused freight offered for transporta-
bver the road, though both fares and the
lar rates for freight have been rendered ;
refused to received passengers and freight
tn the connecting road and roads, or to
lnsport freight and passengers to said con-
tting road has refused to maintain sta
l5ns and agents and ticket-sellers on
IZsaid line, though often requested so to
do; refuses to run cars on said road,
though often requested, etc., and finally, that
the petitioners believe the receiver will con-
tipue to refuse to operate the road, and hence
..-a-.a. e.. raI;nf