Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-28

| We learn that hotel runner was the party who
boarded the train, without authority, and directly
contrary to instructions that have been repeatedly
given, warning such people from entering The train
arriving while at our stations, as the informa-
ton given by them might not be correct, and hav-
ing no control over their actions our company GER
tainly could not be held responsible to passenger
| for any wrong information thus given.
Tulare is division terminal The conductor and
brakemen from Mojaye transfer their duties at that
point to their successors. In making the necessary
changes Of course the interior of the attached
to the train could not be watched and the hotel run
ner took advantage OF their absence to secure pa
tronage for his house.
Although Mr. Craig gays that the train stopped at
TulaIe but thirty five minutes We find that it ar
rived there at 6:10 A. NJ and left at A. NJ, making
a stop Of fifty minutes five minutes more than was
stated would be the case by the hotel runner; while
| the time table fer the train gives stop OF only
twenty-five minutes, and 1t should have left there
! GAO A. NJ; consequently it was twenty minutes be-
| hind its regular leaving time.
Cur agents not allowed to make free use of the
! telegraph line in making requests for passengers
who may have missed the train through no negli-
gence on the part OF the railroad company its en-
ployes; consequently when Mr.. Craig found he had
missed the train, and applied to the agent for re-
dress, the latter could not apply by telegraph TO
this office for extension OF time on his ticket un
less Mr.. Craig fit to pay for SUCH telegraphic
correspondence. He had the option OF doing SO. or
of purchasing another ticket through to his destina
tion and of the latter he had the choice of purchas
ing first class third class ticket. 1t seems he
chose the former and bought first class ticket at
| Tulare on the 18th OF December to Sacramento,
| mo. $751; for which he paid Sl3 49,
| Had Mr.. Craig remained on the third class train,
| for which his original ticket from Los Angeles
titled him to- he would have arrived at Lathrop at
NJ. that Friday evening" remaining there until $3.50
A. N. of the following Saturday, arriving at Lodi at
SIS A. NJ. same day (that is, Saturday, December
| l6th.)
He, however, left Tulare by the express train at
APO A. NJ of Saturday l6th) arriving st Lathrop at
NJ left n al M of
1855 NJ. that day, being but little later than he
would have arrived had he remained on the emf
grant train
This is the first time that this case has ever been
brought to attention by either Mr. Craig or any
of his friends. Had his complaint or calm been
presented in proper manner it would have been
our pleasure to have adjusted the with little
no delay.
1t seems that he missed the train at Tulare
through no fault OF any employee of this company,
but through erroneous information given him by the
hotel runner at that place, and therefore il he had
any claim for such detention it should have been
made against the hotel runner or his employer, in
| stead OF the railroad company.
| We are now prepared to refund overcharSe
| paid by Mr. Craig, to him personally, upon a
written order from HIM authorizing the payment to
any other responsible party, or on surrender of his
| unused ticket.
81 connection herewith beg to call your atten-
tion to the fact that it has always been aim to
adjust any complaints claims at the earliest pos
| sible moment taking only sufficient time to exam
inc into all the circumstances incident to each case
As proof OF this beg to lay before you, for exam
| inaton, accompanying list of refundments made on
account ofoverehasges (rea assumed), tickets not
used all, only part Grounding the value of
the unused porton), and for other Just and
able causes.
Also statement or list of cases. wherein we have
made extensions of time limited tickets for off
ferent reasons more particularly account of ILL.,
ness, where it becomes necessary for holders to
make break in the journey.
OF the former you will see there are 3,427 in nun.
| Der, and OF the latter l,S25
l beg TO submit tn Rev. J.W. Craig's experience
was another single instance OF many, wherein the
complainant had no just cause against the corpora
ton, as it was case Of contrbutory ii not total
negligence careessness his plrt certainly it
would not require over fifty minutes to capture
Tulare Hotel four bit meal, and in making allow
ance OF twenty five minutes in time table it was sup
posed to be ample for this purpose. AS further
evidence have to advance the fact that Dir. Craig5
is the first complaint ever received for similar
sons Very respectfully,
A N ToWNE, General Manager
In answer to the complaint of w.
J. FriersoD, of Oakland, q lamp, it
was stated, had been erected for the
compliments benefit at the place designated,
and that gentleman was promised payment
for any damages sustained, at any time when
1 ne will call at the company's Office.
In answer to the complaint of Mr.. Samuel.
as to rates charged upon wheat between NJ II
! GlQSZ anu 11Us SUpelSS, 4t1T. IOHI6 tx pldiEcNl
by the following letter:
SAN Francisco, February "a, 1883.
To the Honorable Board of state Rallr ad Com
| missoners, San Francisco, CAl.-Gentemen Re-
ferriDg to complaint from John Samuel, Concord,
Contra Costa county, under date of the 18th instant
| which has been harded to me, would say that the
| gentleman seems TO draw analogy, which is not
very clear, between moving grain in train loads
the continent, and taking ton OF seed wheat
| from Martinez to Santa Ana.
4 l. no -
railroad companies to make low rates on wheat and
similar property when shipped in straight loads,
but on smaller lots, like that referred to by Mr..
SAMUEL, it is usual to charge merchandise rates.
In this instance Mr.. S. was charged less than 81
cents per ton per lie for the transportation of bis
wheat from Martinez to Santa Ana, which for mer.
| chandise is low rate. 1t is true that the same
could have BEEN and was shipped by water for less
| money. This comes from the fact that steamship
lines do not make the distinction between
loads and smaller quantities that the rail carriers
are forced to Make the reason for which is obvious
You may ask why we do not make our rates to
and from points in the southern part of the State
low as the steamship rates
The reason for this is, that under the clause in
the new Constitution, which requires that no higher
charges shall be made for shorter or Intern date
distances than are made for long distances in the
same direction we to reduce rates on merchan-
disc or other property, in small lots to meet the
steamer competition, we would be forced to make
the came rates on similar goods to and from all in
termediate points where such competition pre-
vails and the result would be disastrous to the
enues Of the company.
ing his shipment inves igate as to which the
cheaper mode of transportation. also regret the
fact that have bsen compelled to withdraw from
| competition q portion Of the business in the
southern part OF the State. In shy case think you
will ADMIT that the charge OF 81 cents per ton per
mile for rail transportation, which includes nsur-
ance and common carriers full liability, not ex-
cessiye Very respectfully, A. n. ToWNE,
General Manager.
In the matter of tie complaint of R. f.
Harrison, demurrer was filed by W. II. L.
Barnes, as attorney for the railroad, which
says:
First-That said complaint does not contain the
name of the party plaintiff Mr.. k. F. Harrison ap.
pears, he says, before the Board Of Railroad Com
missiontr5 Secretary of the Farmers and Mer-
chants Anti Monopoly Association. The said Asso-
citation is not party to the proceeding if any such
Association exists Nor is it alleged that there is in
fact any such Association in existence nor by virtue
OF what law il exists and how it can be "party "
| to this or any other proceeding doth not appear.
| The Board OF Railroad Commissioners cannot be a
party to this proceeding. 1t is a tribunal judicial
in its functions, with power to issue process, COM
pei attendance of Witnesses hear and determine
sues raised by proper pleading OF the parties and
pronounce judgment between the parties. 1t can.
| not be both the party complainant and the Court
which is to hear and determine the case. Such an
Association is desc ibed by Mr. Harrison, and Of
which he claims to be Secretary, cannot be permit
ted to appear in a representative capacity party
| to the proceeding. The complaint must be made By
the person aegrieVed, and not otherwise. Rule Of
| Rules for the Board of Railroad Commissioners
Second-The document served as the complaint
does not ntain statement Of the cause OF CON-
plant in ordinary and concise language. 1t does
not give such particulars Of time place and circum
stance as may enable the defendant to answer the
same inteiligently.
Third-The alleged complaint does not state facts
sufficient to authorize the proceedings
Fouith-Is contains more than one alleged cause
of action and such causes not separately stated
Fifth-It is ambiguous, unintelligible and I'M
certain.
The demurrer then proceeds TO recite
wherein the complaint is defective as alleged
by the demurrer, and in conclusion asks that
the obi ciions given be sustained as against
the complaint
Tie followiag statement from General
Mansger A. n. Towue was submitted:
SAN Francisco February 90 1855
To the Honorable Board Of State Railroad Com