The record-union., 1892-08-02
special to the REcoRp.UNIox.

Special to the RECoRD-UNIoN.
San FRANCISCO, Aug. 1.-The Railroad
Commissioners held meeting this morn
ing, and it was expected that the Shively
case would be thoroughly discussed but
it was finally determined to put the mat
ter over for two weeks, at which time the
argument on the demurrer will be heard.
The answer of the Southern Pacific
Company to r. O. Shively was received
and read. 1t was as follows:
The above named defendant objects to
the complaint of the plaintiff above
named, herein filed, and under the rules
of the commission designates the follow
ing grounds of objection:
l. That the said complaint does not
state facts sufficient to authorize the pro-
ceeding.
,. That the said complaint is ambigu-
Gus, and il is unintelligible and it is un-
certain, and said objections are in part
more particularly specified in this:
The complaint charges that the pres
ent rates of railroad Iares charged by the
Southern Pacific Company between
points within the Stale of California are,
according TO the information and belief OF
your petitioner, much higher than those
Of other railroads lii Other portions of our
country" but the complaint does not des-
lgnate, and it cannot with any certainty
be determined therefrom what points
within the State of California; are re-
ferred to, and it cannot with any GER
tainty be determined therefrom what
'Other points of our country are re-
ferred to.
And again:
The complaint charges, "Your COM
plant AYERS that the freight rates of the
said Southern Pacific Company charged
hnt inf IN
i've and that grave and unjust discrimi-
nations exist between classes of produce
and points Of shipment throughout the
the State" but the complaint does not
designate and it cannot with any certainty
be determined therefrOm what are the
points referred to or what are the dis
examinations between classes of produce
and points of shipment throughout the
State, which the plaintiff believes to be
grave and unjust.
And again in this:
+. The complaint charges, "that, accord
ing to the information and belief Of YOUR
complainant, the said freight schedules of
said transportation company between all
points in California should be thoroughly
revised and classified according to what
IS known as the Western classification, so
as to affect every class Of merchandise
and every point of Shipment" but the
complaint tails to state any TACT tending
W SHOW lldI lIl6 SO-cdIISu w GSJSFn cIaSSl
tlcatiOn is superior TO the classification in
use, and it is not stated in the complaint
and cannot be with any certainty ascer-
tanned theretrOm, upon what il any, facts
the opinion of the plaintiff upon this
question is founded.
And again in this:
The complaint does not show how and
it cannot be ascertained therefrom what
interest the plaintiff has i'll the matter or
what cause exists for a revision of all
rates to all points on the lines of defend
ants roads in the State of California.
And inasmuch as the plaintiff seeks
and demands in the complaint a revision
of rates to all points in the State. many
of which rates are within the knowledge
OF this commission competitive with lines
of water transportation and with other
railroads, this action could not proceed
until all lines of transportation which
will be affected by the decision of this
commission shall be made parties.
Wherefore this defendant pravs that
this proceeding be dismissed, and that
such other and further order may be
made as may be proper in the premises.
ANOTHER COMPLAINT.
A complaint was received from w, C.
Hamilton of San Jose against the South
ern Pacific Company. Mr.. Hamilton
manufactures fruit-graders. In his COM
plant he sets up that he shipped fruit
graders from San Jose to Sacramento in
1890 at s. and 81 IS each, according TO size.
but that in 1891 the Southern Pacific Com
pany raised the rates on fruit-graders so
that he was charged $40 IS to send a small
fruit-grader to Sacramento, and the rates
on the large fruit-graders were raised in
proportion to the increase on the small
one. Last year, owing to excessive rail-
road charges, he lost the sale of his ma
chimes in Chicago. The complaint was
referred to Commissioner Rea, with
power to act.
what is the reason for the increase?u
asked Mr.. Litchfeld. lis it because
some other man is manufacturing fruit
graders?"
NO" responded Commissioner Rea,
''it is an increase of about 800 per cent. in
the rates for revenue only"
Representatives of the Farmers Ali
ance were present asking for the estab-
lishment of side tracks at Paso Robes.
1t was decided to ask the opinion of the
Attorney-General concerning the power
OF the Commissioners to enforce an order
for siding. The board has made two de-
clslons In reference to sidings, but the
sldlngS have not been put in as ordered
by the board. President Anderson of the
Farmers Alliance of the State said that
large amount OF the grain will go for
ward and 1t is inconvenient for the farm
ers to experience any further delay
Attorney General Hart entered the
room about this time and was put in
communication with the representatives
OF the alliance. He also promised to file
an opinion concerning the power of the
board to compel the construction of sid
ings, and also an opinion concernino the
position of the board in reference to the
application TO withdraw the complaints
against railway companies, etc.
There was no other business and the
board adjourned for two weeks. Traffic
Manager Leeds, who at one time attended
every meeting of the board, was not pres
ent to-day, nor did he attend the preced-
ing meeting of the board, and no com
parative schedule has been fled by him
recently.
COSTLY BLAZE AT POI,rrAon