The record-union., 1892-09-13
RAILROAD COMMISSIONERS.
Another Answer to the Shively Com
plant Presented.

Another Answer to the Shively Com
plant Presented.
SAN FRANCISCO, Sept. I2.-The Board
of Railroad Commissioners met TODAY.
Messrs. Litchfield and Beckman being
present. Secretary Kelly read the answer
of the Southern Pacific Company to the
Shively complaint. This was ordered
placed on file, and the hearing reset for
October Sd. The text of the answer is as
! follows:
1.-The above-named defendant, without
in any manner waving, but expressly
| insisting upon its objections and demur-
| rer hitherto filed and presented. for an
swer in its behalf to the complaint of the
plaintiff above-named herein filed.
denies that the present rates of rail-
road fare or any of them charged by the
| Southern Pacific Company between
points within the State Of California are
! much, or at all, higher than those of other
railroads in other portions of our coun-
try similarly clrcumStanced as to grade
custom and cost of operation, or that the
fare schedules, or any of them, of said
company between points in California
should be classified or reduced not less
than 10 per cent. over all transportation
| lines, or any transportation line, or other
wise, or at all.
them, Of the Southern Pacific Company
charged between points in California are
excessive, or that grave or unjust dis
examinations exist. or any unjust or other
discrimination exists between classes of
produce or points shipment throughout
the State, or that the said freight sched-
uleS or any OF them of said or any trans
portation company between all points in
California should be thoroughly or at all
revised or classified according to what il
known as the Western classification so
as to effect every class of merchandise and
every point of shipment or otherwise. or
that the said freight rates or charges or
any of them should be reduced not less
than 20 per cent. upon existing freight
schedules or at all.
defendant denies that the tables, state
ments and schedules annexed to the COM
plant furnish or present fair, lust or
proper comparison OF rates, or show any
want of classification or discrimination
or that they are correct; but to the con-
trary, defendant AYERS that the said tables,
statements and schedules are incorrect
and are improperly made up and are of
character and form designed to mislead
and deceive and not to enlighten or fur
nish information. And defendant denies
generally and specifically, all and each.
the averments, allegations and charges of
the said complaint
Further answering, defendant AYERS
that many of its schedules and CHARGES
for service in transportation are compet-
tive between the same points in the State
of California with other railroads and
other transportation lines, and that the
complaint in this case and this proceed
ing ought not TO be further entertained
until all such railroads and Transportation
lines interested in the subject shall be
made parties and brought before this
orable-commission,
Further answering, the defendant
AYERS that its rates for Transportation in
the State of California are reasonable and
just, and give no more than an adequate
return to this defendant for its necessary
investment and costs of service, and that
to reduce its rates, as sought by the
plaintiff in this proceeding, would COM
pei this defendant to render service with
out adequate compensation, and destroy
its rights to earn and receive any profit.
and would take its property for public
use without due compensation, and
would deprive this defendant of its prop
erty without due process of law
Wherefore defendant prays the iudg-
ment of this honorable commission that
plaintiff take nothing by his complaint
and that this proceeding be dismissed
The board then adjourned to October