The morning call., 1892-07-09

Jose.
THE SOUTHERN CALIFORNIA.
The Southern California Company in its
answer denies that Il. o. Shively has at
any time shipped or distributed large guam
titles or any quantities of merchandise of
various kinds, or any kind. over the rail-
road lines operated by this defendant in the
State Of California; denies that plaintiff has
had any experience as merchant or other
wise, by observation as a member of any
trade organization or from information
gathered from the citizens of the State of
California or from any other place inter
ested in public affairs, or any affairs. which
mas led plaintiff TO the belief that the
freights and fares char ged by this de-
fendant are excessive, or that there should
be general or thorough revision OF the
freight and fare schedules of this defendant,
or material reduction in transportation
charges upon every or any class of freights
or merchandise TO or from any or all points
Of shipment over the lines operated by this
defendant, and denies that plaintiff has any
knowledge of the rates OF freight or fares
over its lines, or It's method OF doing busi-
ness, or OF the disposition of its patrons, or
of their impressions or beliefs ia relation
thereto.
las to whether the Traffic Association or
any association OF California has called the
dtLeUllOO Ol TIE D0aEu OF hiiiTOaQ ION mis-
SionerS OF the State of California to the
general or any dissatisfaction among the
people Of the State of California with exist
ing transportation charges. this defendant
has no knowledge or information sufficient
TO enable 1t 20 answer thereto and basing
Its answer upon such information, il denies
that any complaint has at any time been
made BY the said Traffic Association Of Cali
fornla, or any other association, with refer
ence TO the freights or fares charged by this
defendant over tile lines OF road operated
by it In the State of California"
The answer also denies that the rates of
railroad fare are in fact or within the infor-
nation or belief of the complainant herein
much higher, or at all higher than those of
other railroads IN other portions of our
country. similarly circumStsnced as TO grade,
or custom or cost OF operation. Ii is also
set up that tie rates charged by this com
pany are satisfactory 10 its patrons, that
there are no unjust determinations between
ella Sses of produce or points of shipment on
Its lines; also, that 1t would be impossible
Tor Shlyey TO prepare or present in detail
or IN any other manner specific statement
Of excessive freight or fare charges in any
single complaint, or on any other COM
plant, as against this defendant. for the
reason that no such excessive freight or fare
charges exist, etc.
THE ATLANTIC AND PACIFIC.
In its answer the Atlantic and Pacific
That this honorable Board OF Railroad
Commissioners of the State of California
has no jurisdiction 10 hear and determine
any Of the matters and things involved in
said complaint ~ so far as this defendant,
the Atlantic and Pacific Railroad COMPANY
is concerned; for that this defendant, the
Atlantic and Pacii' Railroad Company
was in 1866 duly and legally incorporated
under an act OF the Congress OF tine United
States, which was approved July q, 1866,
and d ffh -
lands to aid ia the construction of railroad
and telegraph line from the States of Mis-
souri, and Arkansas to the Pacific Coast"
which act duly appears in tire Fourteenth
statutes at large, etc. that among the other
provisions and conditions contained i'm said
act, which was and Is the charter of this
defendant, the following appear. to wit:
Sec. ID. BE IL further enacted that the d.
fectors OF said company shall make and publish
an annual report OF their proceedings and ex-
pendtuies, verified ty the af1idaviIs OF the pres
dent and at least six Of the directors, a cory OF
which shall be deposited In the Office OF said
time 10 time fix, determine and regulate The
fares, tolls aud charges 10 be received and paid
Tor transportation OF persons and property on
SAID road, or any part thereof.
That this defendant is now and ever
since said time has boen organ Zed and in
coTporated Under said act, and all corporate
powers and franchises exercised by it have
been exercised by il under and through the
plbftSlDuo VI Sdlu dEl u 1rUuBItsS, anu LflaI
while It operates road from point where
its line crosses the Colorado River into
the State of California, near The Needles,
in San BernardinO County. in said State
and running thence 10 Mojave in said
State, vet that it runs and operates said
road entirely and exclusively under and
by virtue OF the provisions of said act
Of Congress- and that its tolls, fares aud
charges which it receives for transporting
people and property on that portion Of the
road operated by 1t in the State of Callor-
MA have been regulated, fixed and de-
termined by the board OF directors of said
defendantrailr0ad cont any. under and pur-
suant to the said act, as Aforesaid, and not
otherwise; that the sole power to in any
way modify, change or control the rates for
transportation of persons and property over
the railroad of said defendant is outside OF
It's hoard OF directors, Is lodged and vested
solely and only In the Congress of the
United States; and therefore the said hon.
Orable Board of Railroad COmmiss toner's of
the State Of California has no jurisdiction
whatever over or concerning the defendant
or its line of road, or to fix. regulate. or in
any manner or wise control It's charges for
the transportation of persons or freight
within the State OF California.
" Wherefore this defendant prays said
honorable board 10 take no further action in
this matter, but TO dismiss said com plant Ia
so far as this defendant is concerned at the
cost OF said complainant. for which this de-
PENDANT will ever pray"
SAN FRANCISCO AND NORTH PACIFIC.
The San Francisco and North Pacific
Railway Company, in its answer, declares
that the summons to appear on the Conf
plant is not authorized by law or by the
rules OF the board in that said company is
not mentioned or referred to as party
defendant in the complaint; but the fol-
lowing objections are offered to the COM
plant:
EfFo mar oEd ,l.f,
sufficient TO authorize the proceedings herein as
against said san Francisco ana North Pacific
Railway Company.
SecOnd-Tbat said complaint contains more
than one cause OF action and that said causes OF
action are not separately stated in this; that an
alleged cause OF action is set up against each OF
The railroads Of the State of California and that
said alleged causes OF action are not separately
stated as 10 each railroad.
Tbird-1hat said complaint is uncertain and
unlntellIgibe IN this; that 1t does not give such
particulars OF time, place and circumstances a.
Wili enable said San Francisco and North Pacific
halfway Company TO answer tile same ntelli.
gently. Wherefore, ETC.. IL is asked that the
complaint be dsmls sed.
OTHER ROADS.
The Nevada County Narrow-gauge Rail
road Company denies that the Board of
Rallroad commissioners has any jurisdic-
ton over 1t and sets up the reason as fol-
lows: That the said defendant was
organized under franchise granted by the
people Of the State of California, entitled
An act to provide for the construction Of
railroad from Colfax to Nevada City and to
regulate fares and freights thereon ap-
proved March 20, 1874; that by the terms of
section 3 OF said franchise II is permitted TO
charge any sum not exceeding 10 cents per
mile for each passenger and 20 cents per ton
Tor freight transported, and as provided by
sections 4, 5 and 6thereof, additional freight
charges ranging from % to 100 per cent !:
that said organic act has never been re-
peaied and is binding alike on the State of
California and on this defendant; that this
defendant has never exceeded the maximum
charges for passengers or freight as fixed
and allowed by said organic act Of tile Legis-
lature." 1t is also denied that the rates are
excessive and it is asked that the complaint
be dismissed