The morning call., 1892-08-02
RAILROAD COMMISSIONERS.
The Southern Pacific COmpany's
Answer to Shiyely.
Litchf cid Will Probably Move to Have the
COMPLAINT Dismissed at the Next Meet
ing-Other Grievances Filed.


did not do anything of importance.
1t was ex pected that the legal battle be-
tween the attorney of MI Shively Of San
Jose, who wants the Southern Pacitie's
freights and fares reduced. and the Ken
lucky corporations representative would
be commenced, but soon after Chairman
Rea called the meeting to order it was
learned there would be no such fight dur
ing that session.
Immediately after the reading Of the min
utes of the previous meeting Secretary
Kelly read the amended complaint of Mr.
Shiyely. in which he withdraws his objec-
tons TO the schedules of all the other roads
In the State and desires that the Southern
Pacific Company alone he Investigated.
Commissioner Litchfield moved that the
board defer action on the amended COM
plant until the next meeting. which mo-
ton, after brief discussion, was carried,
On being asked later by Attorney Rich
ards, who appears for Shiyely, why he de-
sired delay Mr.. LitchielG, with some
show of reluctance, explained that he was
not sure but that lie would move to dismiss
the complaint against the Southern Pachc
together with that against the other roads
and that be desired time TO consider tue mat
ter
~ consider the figures quoted in the COM
plant decidedly unfair and calculated to
deceive. They were compiled by that man
Leeds and filed with this commission IN or
der til at the newspapers would be compelled
to print them" said Mr. Litcbtield, and
til en- he continued by declaring that he had
thoroughly examined these schedules at the
time when they first were filed, ana had
found the figures correct enough, but had
discovered that the selections were unfair
and that they did not represent truthful
showing of the state Of affairs.
THAT kind Of evidence has no weight
with me-" the Commissioner concluded,
looking a combined picture of injured inno-
cence and Indignation.
Attorney Richards briefly replied that If
the schedules were wrong the investigation
asked for would bring that fact TO light.
He admitted having used the figures on
file with the commission. but maintained
that be had done so IN good faith and be-
lieving them TO be correct.
THE SOUTHERN PACIFIC's ANSWER.
Secretary Kelly then produced the answer
TO the Shively complaint flied on Saturday
by the Southern Pacific Company. 1t is a
curious document, full of such technlcali-
ties, eyasions and denials as only high
priced corporation lawyer can compile.
The answer starts out with the assertion
that the complaint is indefinite and uncer-
tain, and that it falls to show the necessity
for reduction Of fares and rates.
Going into details Attorney j. c. Martin
Of Oakland. who is the author Of the docu-
ment, says as follows:
First-That the said complaint does not state
facts sufficient 10 authorize the proceedings.
SecOnd-1haI the said complaint is amb IguOus
and is uniutellie bic aud uncertain, and SAID Oh
1ect0ns are ia parumOre spec ideally specified In
this:
The complaint charges that the pr esent rates
OF railway fare charged by tile Southern Pacific
Company between points within The State OF Ctl-
nornia are, according 10 the Information and be
lief OF your petitioner, much higher than those
of other railways In other portions Of our eoun-
try. but he complaint does not designate aud il
caDno, With ANY certainty, lie determined there
from, what points within the state OF California
referred to- and IL cannot, with any certainty,
be determined iheTefTom what other portions OF
our country are referred TO. Aud again in this:
HE complaint Charges your complainant AYERS,
that the freight rates OF tie Southern Gaclhc
Company charged between points in California
are excessive, and That grave and unjust dlserm-
indtiOus exist between clisse, OF produce and
points OF shipment throughout the Stale. but the
complaint does net designate and it cannot, with
any certainty, be determined theTefrom, what
are the points referred 10 or what the dis
examinations OF produce and POINTS OF shipment
Throughout The State when the plaintiff claims
10 be grave and unjust. And again In this:
The complaint charges that, according 10 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
10 what Is known as The Western classification,
so as 10 a feet every class OF merchandise ana
every point Of shipments but the complaint fails
10 STATE any fact lending 10 show that The
called Western classification Is superior 10 tie
classified ion IN use; and II is not stated In The
complaint and cannot wish any certainty be as
ceTisBed thelelrOm upon what II any facts the
opinion OF lie piaintn upon this question is
founded. And again In this:
The complaint does not show and il Cannot be
ascei tanned iheIeirom what interest the plaintln
has Ia tie matter, or what cause exists Tor re-
vision of all rates 10 all points on TIE lines Of de-
PENDANTS roads 10 The Stale OF California.
Aud iuasmucb as Tue pantiH seeks aud de.
aands In tile complaint a revision Of Tales TO all
points OF the State, many OF which are, within
The knowledge Of this commission, competitive
viii rfaffn and viii
other railways, this action ought not to proceed
until all lines Of transportation which Will be az
fected by the decision OF lniS commission shall
be made pa rties.
Wherefore This defendant prays that this pro-
ceedlug be dismissed, and that such other aud
further order may be made as may be proper In
the premises.
CHAIRMAN REA's REMARKS.
When Mr.. Kelly finished the reading of
| this document, Chairman Rea made few
remarks to the effect that the complaint and
answer had best be referred TO the Attor-
Dey-Geueral, the board being DESTROYS 10
hear his opinion on the subject. and the
secretary was instructed 70 communicate
with Acknowledgement Hart requesting him
| 10 give the matter his attention and to be
| present when the argument on the demurrer
| is heard.
The time for hearing was set for Mon
| day, August IL, 10 A. NJ, ii being agreed
| that no further continuance Will be granted.
| A letter was read from George 4. Pratt,
secretary Oh the Sldte Board OF EXAMINERS,
| in which he states that the matter of Great
| ing the $1,000 Indebtedness, asked for by
| the Railroad Commission on June IL, would
be acted on al the first full meeting of the
| board, the unanimous consent being neces-
| sary TO make such an allowance.
W. {. Hamilton OF San Jose sent a CON-
| municatiOn, complaining of excessive
| freight charges on the fruit-graders, of
| which he is manufacturer. He states that
| since 1891 be is virtually unable TO Go bust
| ness, the railroad company having raised
| the freight rates on machine weighing 500
| pounds from San Jose to Sacramento to
| $40 50, against 50, which was the rate he
| paid in 1890. The freight charged to other
| points, Mr.. Hamilton complains, is equally
| diScouTaging.
Commissioner Litchfield listened atten-
lively TO tile reading Of Hamilton's letter.
| and he had completely absorbed its con-
| tents when he turned to Commissioner Rea
| and wanted 10 know what in the world that
| man was complaining Of.
| "Oh, lie has not much of a grievance"
answered the San Jose boss. "They have
| only raised the freight tariff on him some
300 per cent and driven him out OF busi-
| ness"
as that ALI" nonchalantly said the Post
street uniform contractor, and then he
| moved that ''tiNs little matter" be referred
to the chairman OF the Board OF Adjustment.
| 1t was so ordered.
NELSON'S COMPLAINT.
Andrew Nelson, the president OF the
| Farmers Alliance Business Association Of
Paso Robes, appeared personally and laid
q communication before the board to renew
| his old complaint against the Southern Pa
cifc Company. Mr. Nelson stated to the
! board that his association Is unable to load
or unload freight from their warehouses by
reason of persistent refusal by the rail-
road people to run a sidetrack to the build
| ing. The Southern Pacific diseriminates in
| favor Of Mr.. Shackleford, who is oppos ed
| to the Farmers Alliance, and during bar
vest-tine especially great losses are sus-
tanned by MIR. Nelson's company unless a
| speedy remedy is had.
The Railroad Commissioners investigated
/ This Dasn Rnhlas affair snnna tinna ann and