The record-union., 1892-07-12
The Shiyely Complaint Before the
Railroad Commission.
PREPARATIONS BEING MADE FOR
THE INVESTIGATION.
niles Against the Complaint of
ShiyeIy-The Board Adjourns Until
August 1st, at Which Time Further
Answers are to be Presented.
Special to the REcoRD-US1os.

The room in which the session was held
was crowded with a host of attorneys,
who were on hand to represent the inter-
ests of different companies which had put
in answers to the Shiveley complaint.
After the reading of the minutes fol-
lowing resolution was adopted:
san FRANCISCO, July IL, 1892.
RESOLVED, That the services OF Richard +.
Morgan be and are hereby engaged by the
commission for the purpose, and on the terms
stated IN the correspondence had with him IN
respect thereto the engagement TO take effect
Immediately, and the President and Secretary
OF the commission are hereby instructed to
put Mr.. Morgan in communication by letter
with the managers OF the railroad companies
of California, and otherwise assist him in
every practicable way TO obtain any data and
general Information he may desire.
The answers of the companies to the
Shively complaint were then read. The
objections are mostly based on technical
grounds and claim that the complaint
does not state sufficient facts or that the
commission has not jurisdiction in the
matter.
The following companies have filed an
sWers: San Francisco and North Pacific
Railway Company, Sierra Valley and
Mohawk Company, North Pacific Rail
road Company, atlantic ana racine R IfiI
road Company, Southern California Kali
road Company, Pacific Coast Railway
Company, and the Nevada, California
and Oregon Railway Company.
Attorney w. $. Woods appeared on be-
half of the Third Division of the Carson
and Colorado Company. He stated that
his company was operating its line on
losing basis simply in hopes of building
up the country through which it runs in
hopes of some day making the venture
profitable one. He wished TO know
whether he would be required to answer
the complaint, and was informed that he
would. He was then granted two weeks
in which to reply.
X. Y. Hayne, attorney for the Atlantic
and Pacific Company, then requested that
as the officers OF his company could not
be here before August lst, the considera-
ton OF the matter as regards his company
should be set for that time.
Mr.. Richards, attorney for the COM
plainant, stated that it was not likely that
the hearing of the case would begin prior
TO that date, and Mr.. Wood wanted to
know if the investigation would be gen.
eral or if each road would be considered
separately. The question was referred to
Attorney Richards, who replied that each
road would be taken up independently.
Albert Raymond, who represented G.
i. Hanlon, attorney for the North Pacific
Coast Railroad Company, requested that
the hearing of the demurrer to the COM
plant he had filed should go over to the
first of next month.
While the proposition was being con-
sidered Commissioner Beckman stopped
proceedings with the remark that he
would like legal advice on such matters
and suggested the propriety OF having the
Acknowledgement present. Commits
soner Litchfeld remarked that that Off
cial could not be compelled to serve. Rea
and Reckman disagreed and quoted the
law, after which a resolution was carried
requesting Attorney General Hart to be
present at the next meeting of the COM
mission.
Commissioner Becknan said that Mr..
Hart had gone to Montana and would
not probably return for a couple of
weeks.
Commissioner Litchfield Clipped in
with the remark that he did not SEQ any
use for the presence of the Attorney GEN
eral, as the fight was between the attor-
neys of the complainant and those Of the
railroad company. The other mem bers
of the board were of the opinion that the
commission was interested and would
need the advice of an attorney.
Attorney Martin of the Southern Pacific
Company appeared and stated that he
was out of the State when the summons
was served. He asked for reasonable
time to allow his company to plead, and
requested fifteen or twenty days. 1T has
been stated" he said, that this case in
wolves a large number of separate actions.
that If is one complaint against q large
number OF separate defendants. think
that all objections to the complaint should
be set for one day and heard at one time.
and all should be considered at once Ii
some of them are good, WHY then the
complaint can be amended, but if they
are all bad, then the complaint can
stand as ii is.
1.-THE plaintiff in the case will probably
offer proof against all the defendants, and
all the defendants should be present and
l think that some time should be fixed
for first hearing. when all the defend
ants have put in their answers. Such a
course will expedite business.
Attorney Richards objected and claimed
that the Southern Pacific had had ample
time and should be compelled to put its
answer in by next Monday.
Commissioner Rea remarked that the
board wishes an attorney and the Attor-
ney-General will not be here by that
time.
The matter was finally settled by al
lowing Attorney Martin fourteen DAYS In
which to plead. Attorney Richards will
then have six days TO consider the an
swers, and the case will come UP for a
hearing on August LIST.
Mr.. Richards asked the board for five
days time after the Southern Pacific an
swers in which to file an amended COM
plant in case he finds the objections filed
ny 1uo OllSAOAb -SOlllpdIllSS 10 De we'll
taken.
There was a chorus of objections to
such a course, as the attorneys declared
that if the complaint should be amended
they would have 10 put in other answers.
and would not be ready for hearing on
August 1st.
Mr.. Richards then restored peace by
promising to look over the different an
swers filed, and amend his complaint as
soon as possible if he decides to do so.
He will inform Secretary Kelley as to
his course, and the different railroad
companies will be properly notified. The
commission then adjourned for two
weeks.
James w. Rea, Chairman of the board.
on the 9th inst. addressed letter to Gov
ernor Markham, informing him that the
commission desired TO enter upon an in
vestigation which would probably cost
$4,000, and that the board had no funds
with which to meet the expenses. The
Governor was requested to recommend
to the Legislature that provision be made
to meet such cases.
A communication of similar import
was sent to the State Boa of Examiners
asking what action the board would take
on bills incurred by the commission in
the investigation.
UNITED STATES LAND OFFICE.
Rumors of Change in the Position of
Register.
There Is trouble in the Government