The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-11-23
Another Day Spent on the
Shively Case.
A TRUcKLOAD OF EVIDENCE.
Richards, the Lawyer, Makes a GAL
liant Sing!ehanded Fight
Against Odds.

=
amounts of moBey.
The Railroad Commission was in session
once more yesterday and all the principals
In the case were On hand as usual.
As the proceedings progressed great
doubts in the minds of many arose as to
whether the investigation was really the
farce it was pronounced 10 be ut the start
or whether some of the people connected
with it are really in earnest.
There is no question but that some of the
chief participants are acting a part only,
and that as far as they are concerned the
whole proceedings are farce; but as to
the others, there seems TO be possibility
Of their being in earnest after all.
Among the latter Attorney Richards,
who represents the complainant, seems to
be entitled 10 great deal of considera-
tion.
Let mo give you a straight pointer"
SAID he yesterday during pause to The
CALL reporter. mo matter what the
newspapers may think to the contrary. this
case is for blood. 1t will be pushed to
finish. and before long the Developments
will show that we are strictly in earnest"
Mr. Richards admitted that hr was seri.
ously handicapped because his client is not
man of large means, anu he stands almost
singehanded In big fight against pow
erful corporation.
The events of Yesterday proved that the
attorney was right when he claimed to be
laborlng under great disadvantages.
Two OF the Commissioners are strictly
opposed to the introduction of the report or
the expert testimony in the hands of Colo
mel Richard p. Morgan, who is the only
man on the plaintiffs side familiar with
railroad matters.
They. however. permit the trained en-
ployes of the Southern Pacific to introduce
all the evidence needed.
That kind Of evidence would Of course be
of value only if IL came from disinterested
parties, and poor Mr.. Richards has hard
time OF 1t in consequence.
When the board convened in the morn
Ing the first witness wanted was G.. L. Lan-
sing, tile secretary and comptroller Of the
Southern Pacific Company, who had been
on the stand at the previous meetings, and
those occasions had promised TO furnish
data as to the expenditures and earnings
Of the road in California.
Mr.. Lansing was a little late, and when
he arrived he was accompanied by j. G.
Stubbs, the third vice president of the
Southern Pacific.
freight schedules of the railroad company
under investigation.
He claimed justly that Mr.. Turner when
he was a witness had promised to file them
together with Mr.. Lansing's papers.
Stubs interfeTed and declared thu full
sat OF the Southern Pacific COmpany's tariffs
were on file with the commission and that
nothing more complete could be furnished
from Fourth and Townsend streets.
Richards declared the files on hand too
yolumlnoGs, too bulky and too unintelligibIe
to be of any use for the purposes of the
Investigation.
Whereupon Mr.. Stubs got wrothy, and
In so many words told Shively's attorney
that he lacked common intelligence if he
could not read the schedules as they were
on file.
Richards. nothing daunted by this on
slaught. continued to defend his Statement,
made previously. and he insisted that only
railroad clerks or experts were able to
gather any compact information, such as
was needed in the case, out Of the flies. which
contained more dead matter than actual
live schedules.
Mr.. Stubbs then admitted reluctantly that
he Gid not consider 1t an easy matter for
layman TO read the files. which admission
gave Mr.. Richards an opportunity to rise to
his feet and make a speech.
1T seems TO me" said he, addressing the
board. That any citizen of this State should
be able to read the books of this company
or any other railroad corporation. If they
are kept In hieroglypbic manner. there is
a mystery about tie whole business which
has no right 10 exist"
He then explained how he had yalnly
tried TO decipher these files and extract some
information out OF them, and how others
W IL.
Mr.. Stubbs responded by calling tho con-
tents of the yoluminous files 'hay and
straw" and then he added, facetiousIy, that
even railroad agents had sense enough to
read them.
Matters were compromised. however. bv
the final promise of Mr.. Stubs that his
company would furnish specisl-rate sheets
for the South Pacific Coast system for Mir.
Richards use.
Mr.. Lansing. who had been In waiting
during all this controversy. had his inning
next, and ne made his opening in a decidedly
sensational manner.
Before he took his seat on the witness
stand stout porter. assisted by Bailff
Stafford. hauled couple OF tons of freight
into the rooms OF the commission.
The freight consisted of boxes containing
books and rolls composed Of manuscripts
all of which had been hauled on truck
from the Southern Pacific Office on Fourth
and Townsend streets to the commissions
headquarters.
II have here a portion of the Southern
PaeIfic'S records calmly and nonchalantly
announced Mr.. Lansing.
what are they for?" Mr.. Richards man.
aged to ask. although he had watched
the piling up OF all these packages with dire
misgivings.
"Wby, they contain the statements YOU
have asked me TO produce" calmly and in
nocently replied the witness.
Now, for instance" Mr.. Lansing con-
tinued, there is roll containing the ton
mage some OF the stations received and
shipped during the month OF July, and there
are eight others OF the same kind. Alto
gether they will show just how much BUSH
ness each station did during that mouth"
Mr.. richards never said word he got q
triie pale. 10 be sure, but refrsined from
expressing what he felt at that time.
MIR. Lansing opened his sample roll and ii
was found to contain vast number of
sheets closely covered with innumerable
figures.
There was bewilderng array of COL
umns, neatly written in red and black ink,
which would puzzle a professor of mathe-
mates. and were absolutely of no use to
any one but railroad expert
Never mind, family interposed MIR.
Richards, take them away, please. They
are Of no earthly use to me-"
Then he wanted TO know whether Mr.
Lansing would not furnish digest or sum-
mary OF all these sheets contained.
Mr.. Lansing said he would. and after
some hesitation he also promised that he
would do so.
A repetition of this scene came when the
earnings of the stations were asked for.
Mr.. Lansing, in response to this REQUEST.
lugged in some cases containing vast vol
umes, covering an area so wide that thew
had to be spread on the floor, there being
not room enough for them elsewhere.
Horror-siricken, Mr.. Richards lifted his
arms and entered a solemn protest against
such an avalanche of figures as these books
contained. and they were quickly removed
as being useless for the purposes of the
investigation under progress.
MIR. Lansing promised TO make summaries
and present them later on, together with
those already promised.
Then the operating expenses were dis
cussed.
An extract from the books of the South.
ern Pacihc Company was given to Mr.. Rich
ards. which gave or purported to give the
totals of the company's operating expenses
for the year 1891.
Now this time Mr.. Richards was opposed
to totals as much as he had been IN other
matters TO details.
He wanted TO know just what was meant
by operating expenses. out the noon hour