The morning call., 1892-08-16
THE SHIVELY COMPLAINT.
Argument on the Demurrer to 1t
Heard Yesterday.
The Southern Pacifc's Objections overruled
by the Commissioners-The Case to
Be Tried on Its Merits.

"Jim" Rea early yesterday morning. They
presumably discussed the political outlook
q In Southern California. When they fin-
ished their talk Jim kea threw the doors
wide open and declared that the time for a
meeting of the Railroad Commission had
arrived.
De Young and the Senator from the
southern citrus belt disappeared and
when Commissioner Lltchfeld put in an
appearance the Railroad Commission OF the
State of California was in session.
Beckman, the Sacramento banker, was
represen ed by telegram, which stated
that his cashier was on leave OF absence
in Alaska and that therefore he could not
possibly be IN attendance.
So there were only two Commissioners
instead of three, as usual but the third
member, as subsequent proceedings proved,
was hardly missed at any stage OF the pro-
ceilings.
Secretary Kelly read the minutes Of the
preceding meeting, ard he had hardly hl-
Ished before Jim Rea asked;
''Is the railroad heTeY
"No." said Mr Kelly In response, and
Commissioner Litchtield gracefully said
that il was early and that all the business
of the commission should be disposed OIL
before the Shiyey complaint, which was
10 be tie subject of the meetlng, was men
toned.
r. O. Shively of San Jose. it will be re-
membered, filed complaint some months
ago asking the commission 10 investigate
the freight rates and passenger rates OF the
Southern Pacific Company and to make that
CORPORATION show cause why their rates ana
fares should not be reduced, To this COM
plaint the Southern Pacific Company de-
INJURED, and argument on the demurrer was
TO be heard yesterday. when jim Rea
asked whether the Kentucky corporation
Was present or not
Commissioner Litchfeld, however, sue
ceeded In scoring point, because Attorney.
General W. Ii. II. Hart entered the room ana
declared himself ready To read his decision
on The question of whether the Commission
ers had right to compel railroad company
to lay sidetracks or whether they had no
Jurisdiction in Gbe matter
AT the previous meeting of the board this
question was referred to the Attorney-Gen-
eral because there was trouble IN PaSo
Robes. The Farmers Alliance Associa-
ton had appealed to the Commissioners.
They claimed that they could not ship goods
from their Paso RObles warehouse because
the railroad company refused TO give them
the use Of a sidetrack In front of their
premises, but used exclusively by rival
association.
The Attorney Generals opinion on the
subject is a lengthy one. i. reviews all the
details in the case and defines the power OF
the Railroad Commissioners according to
the constitution, The conclusion OF the
decision is that while the Commissioners
have absolutely no right TO order railroad
company 10 lay s.detracks, every warehouse
whose establishment is located on one
OF the sidetracks Of the Southern Pacific or
any other railroad company has right and
privilege to use that track. 1t makes no
difference under the law, as laid down by
General Hart, who built that sdetrack; as
long as il exists all the warehouses located
within its reach are entitled TO whatever
benefits they may be able 10 obtain from
being on its line.
Alter the reading of the decision the two
Commissioners decided that the Southern
Paclhc Company and the Paso Robles CON-
plainaut be notified Of its contents and that
the parties be allowed to settle their
trouble without further interference.
Secretary Kelly then read a letter from
the Acknowledgement in which the latter
declared that the Sherifs who served
papers for the Railroad Commission of late.
and have sent In bills for such services, are
under the law not entitled to any pay.
That kind Of service has TO be done gratis
for the State, SAYS the Attorney-General,
AMI the Sheriffs who think they have claims
against the Railroad Commission will re-
- ceive copy of that decision IN lieu of pay
ment
Jim Rea was about to declare the demur-
rer to the ShiVely complaint oyerrued by
default when Attorney j. c.. Martin of
Oakland, representing Z. Z. Huntington
and the Southern Pacific Company, put in
an appearance.
The Shively complaint was at once made
tie order for the day, and arguing to sus-
tain his demurrer. Mr. Martin started cut to
say that ii was not question Of law but
question Of how the rules which govern the
commission should be respected that is in
vOlyed.
Rule FIVE Of the railroad commission, he
eontended, plainly outlines that If COM
plant Is filed with the commission IL must
state the time and place where an offense
has been committed.
The Shively complaint, Mr.. Martin ar
gued. does not contain any such definite
charges; 1t is vague and indefinite and in
violation of rule five.
Then taking up the complaint and read
ing II by sections the Southern Pacific Com
pany's lawyer tried to show why it should
be dismissed, amended or thrown aside.
BETWEEN POINTS.
'1t Is averred that the rates and fares
charged by the Southern Pacific Company
between points in this State are excessive" /"
said MI Martin, and then he asked. "What
points are meant?" This is a delightfully."-
indefinite charge, 1t does not say where
are excessive between points"
The complaint also says that the charges
are higher than those asked in other
portions of our country" Mr.. Martin con-
tinued aud followed his argument by ask
ing, What other portions of this big
country full OF railroads does the COMPLAIN
ant refer top
"Graye Determinations are being made
according to this complaint" innocent Mr.
Martin said, "but fail to see where and
when my clients are charged to have made
any such unjust discrimination" Warming
up to his work the Oakland corporation
lawyer turned to Attorney General Hart
and, 10 make theatrical effect, asked that
gentleman whether he would convict man
OF murder unless II was known when and
where he killed anybody.
MT. Hart held up bis hands in depreca-
tion and said he would not do such thing
and Mr.. Martin thought be had scored a
point.
The Southern Paeiie's attorney then
picked up the comparative schedules at
taehed TO the Shively complaint and pro-
ceeded to puncture them. In trying to bore
holes 10 these schedules Mr.. Martin tried to
show that the cost OF operating the Southern
Pacific is ever so much more than that of
running any other railroad
Talking to the gallery, he contended that
the figures as quoted in these schedules
were all wrong and selected for the purpose
70 deceive. he picked out few Instances
and plainly proved that the quotations were
wrong.
ATTORNEY MARTIN SUGGESTS.
Ending his talk, Mr.. Martin said that the
commission had 10 disregard Its rules or dis
miss the complaint as il stood
John B. Richards of San Jose Mr.
'Shively's attorney. proceeded immediatelv
after Mr. Martins argument to patch up ali
the holes the latter had punched in the
famous complaint with: ut is main
enough" Mr.. Richards said to the Commits.
sioners. that our complaint is filed enly
for The purpose OF bringing about an inves-
tlgation. 1t matters little whether If Is
faulty in its construction, Incomplete or in
definite. 1t is a complaint which. II instice
Is done. Will set the wheels of inouiry in
motion, and all the complaint lacks to,dav
will be easily supplied by their revoIn.
tions." Going into details, Mr. Richards said
that 1t was absolutely Impossible for any one
who is not an emplOye of the Southern
Pacific Company to furnish a detailed com.