The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-07-12
RAILROAD COMMISSION,
Rea Asks the Governor for Money
for the Investigation.
Host of Legal Lights squabbls About the
shively Complaint, With Mr. Martin Of
Oakland as the Leader.

eTs held yesterday morning resembled the
opening Of a court on law and motion day,
for about dozen attorneys were in attend
snce, representing as many railroad COM
panies, 10 ask for continuaHces or further
information on the notorious Shiyely com
plant, copies of which had been served on
their clients.
Commissioner Rae, the San Jose boss,
presided, and Commissioner Litchfeld sat
on his right, while Mr. Beckmau of Sacra-
mentO occupied a seat to tie left OF the
chairman.
One Of the most noticeable features of the
meeting was the absence of Traffic Manager
Leeds, the bette noir of the Railroad Com
mission, who fer once did not occupy his
accustomed seat, because he was too busy
elsewhere TO be in attendance.
Commissioner Ltchield opened the pro-
ceedngs by introducing the following reso-
luton. which was adopted c0BdItiOnally:
ReSolUed That tie services OF Colonel Richard
+. Morgan be and hereby engaged by his
commission for the purpose and on the terms
had wiki him IN respect thereto. tie engagement
10 lake effect Immediately; ana tie PRESIDENT
and secretary OF Tie commission are hereby
instructed TO put MI Morgan in communication
BY letter with the managers Of The railroad COM
panies OF California. ana Otherwise assist him IN
every practicable " y 10 obtain any data and
general Information he may desire.
Mr.. Litchtield desired also to add that as
an employe Of the board Colonel Morgan
be permitted to travel free over ali the roads
In the State.
The resolution and the addition were de-
clared to be the sense Of the unanimous
trio OF Commissioners, provided that 2 favor
able response to two letters which Secretary
Kelly read and which were address ed TO
Governor Markham and the Board of EX-
aminers respectively, VIII be received Tie
letters ask for $4,000 of the States money
10 carry on the Shlvely investigation.
COMMISSIONER REA's DEMAND.
The Governor and the Board Of Exami-
4eTs are Informed in these communications
by Mr. James ". Rea OF San Jose the Chair
man Of the Board of Railroad Commission
ers, that complaint had been filed which
necessitatei an investigation and tina; the
people Of The State have taken a wide
spread interest IN the matter, but that there
is no fund provided by the constitution or
statutes for the expense Of proceeding Of
such magnitude.
Mr.. Rra asks the Governor further to
look into this matter, and give il his fullest
consideration, so that if the next Legisla-
tuTe should be asked to equip the commits
sion with the necessary funds 10 carry on
an Investigation Of the char lcter named In
ShlYely's complaint, he may be formed
On the subject, and may III Ike a recommen-
dation to facilitate the passage Of such
bill.
In the letter to the examiners the board
Is notified that il is desirable that Colonel
h. Ii. Morgan, DOW resident at the Palace
Hotel, be employed, and that his services
may cost the State some $4,000, and that
the steno graDheTs also VIII require large
fees. Altogether an appropriation Of $40 600
IS asked for.
After these letters were read the many
attorneys in attendance were heard.
a. ;. Wood, on behalf Of the Carson and
Colorado Railroad. said that lie did not
know that bis company was required to file
an answer at all, but that if such is the case
~ desired at least 20 days more time His
request tor time was granted. but he was
informed that he must file an answer to the
complaint.
r. Y. Hayne for the Atlantic and Pacific.
VARIED all proceedings delayed until August
!, the officers Of his company being absent
he was seconded by Albert Raymond, rep
IeSenung {. /. Hanl0n, attorney for the
North Pacific Coast Railroad, who made
ilmllar request.
Questions were put at this time whether
he various railroad companies would be
heard separately or collectively, and Attor-
ney Richards, who is Shively'5 representa-
ave, thought that he certainly shall insist
hn an exam nation OF every one Of the %
roads In the State separately.
BECKN1AN WANTS HELP.
Commissioner Beckman, who had ND to
his time listened patiently to all these legal
Iquabbles, became very uneasy and restless.
lie interrupted the proceedings by acknowl-
dying himself incapable to grasp the sitna-
sion. MT. BeckmaD desired assistance, aud
he moved that before any more law Ques-
lions were argued the Attorney General be
asked TO be present at the meetings of the
board, whose legal adviser he is.
The Sacramento statesman heaYed 2 sigh
Of relief when his motion was carried, but
immed ately afterward there was consider
able more legal argument because Mr. Mar
tin, the Oakland attorney. arose and ad-
dressed the board on behalf of the South
ern Pacific Railroad.
Since the client of Mr.. Martin is the
chief offender In matters concerning fares
and rates and because any complaint ask
ing for a reduction Of them ustnccessarily
be aimed principally at the Southern Pa
cifc. Mr.. Martin was considered the most
Important person IN the meeting, and his
remarks were listened TO with much inter-
est by everybody, including the three Com
mIssicneTs, who evidently looked upOn him
as the representative of the power TO which
they owe obedience.
The Kentucky corporations attorney had
not much to say after all He only wanted
more time. Fifteen or 20 days extension he
thought ought to be given him, because lie
had just returned from a trip East ana
had not been able to familiaTiZe himself
with the complaint
SEPARATE ACTION NOT NEEDED.
Mr.. Martin did not think that, after the
preliminaries are disposed Of, separate ac-
lions would be necessary. In his opinion it
was complaint against all the companies
alike and it applied equally to all. The
plaintiff will doubtless bring his proofs and
all the defendants will be granted hearing
and will give testimony, but the Judgment
Tor one will be the judgment for all in the
End.
Attorney Richards tried to prevent the
extension Of time asked for by Mr. Martin
by arguing that one week additional would
De sufficient but he was promptly over
ruled, aud Mr.. Martin was granted IA days
30 answer.
The board then decided that all the cases
would be brought up for hearing on Au-
gust !, and The lawyers present were about
10 leave when Attorney Richards an
nounced that he would like to have the
privilege to amend Shively's com plant, if
he thought it necessary to do so during the
next days.
This brought all the attorneys to their
feet with an avalanche Of questions and OBJ
1ectiOnS. II was argued that if the COM
plant is amended all the proceedings up to
the date # the fling Of the new complaint
are null and void and the whole matter will
have TO be opened anew.
Richards agreed that such was the case
and that much delay would be caused by
The fillng Of new complaint. and he stated
that 1t was quite likely that he would refrain
from amending the one now on file. He
was given one week In which to make up
bis MIND, and the board adjourned until
July Is, unless otherwise ordered by the
chair.