The San Francisco call., 1896-04-23
The Company's Bill of Com
plant Torn Into Minute
Fragments.
HOW ABOUT THE GRAIN RATES
A New Line of Argument Is Opened
and Will Be Fol owed Up in
Earnest To-Day.

Mr. Hayne continued his luminous and
spirited argument in the case of the South
ern Pacific Company against the State
Board of Railway Commissioners yester-
day, and many lights of the legal profess
sion graced the United States Circuit
Court room during the session, and many
were the approving mods which followed
close upon the brilliant pleader's well-put
points and polished periods.
The central point of Mr.. Haynes con-
tention was that the burden OF proof rested
upon the complainant throughout. The
complaint of the company was, he said,
extremely brief and vague. 1t volun-
teered no information whatever, and stated
barely what was necessary. Placing no
valuation upon the road itself, the docu-
ment included the cost of Improvements
upon the road under the head of operating
expenses, and was hence, in his opinion,
indefinite and liable to misconstruction
and misinterpretation. Continuing in the
same strain the eloquent barrister proved,
at least to his own satisfaction, that the
Southern Pacific Company deserved to be
hkened to the thief who says "The world
owes me living" AS for the complaint
and its supporting affidavits he picked
them apart and cast their fragments to the
cruel winds of public scorn IN terms which
he alone could possibly evolve.
"As though desirous of enlightening
the world,' proceeded Mr.. Hayne, the
complaint of the railway company states
that its bonded indebtedness is less than
the value of the road. This statement,
the public knows, is untrue. 1t is SO
false that their own affidavit-makers with
one exception, fear to support it. That
exception is Mr.. Curtis. He says in his
affidavit that the cost and value of the
road largely exceeds its bonded indebted
ness. He has gained the gratitude of the
great corporation by that statement, and
he deserves it. He should be sent to
Egypt, embalmed and preserved for ages
to come as its faithfuI servant. The plia-
BILE Stubs tries to support Curtis, but he
cannot. He clothes his affidavit in subtle
language, and no one knows what he
means. He dared not make the cold as
sertion that Curtis did. Traffic Agent
Klink makes a general statement that the
complaint is true, but he, too, is afraid to
swear that the road is not swallowed up
in debt. The other affidavit agents do not
touch the debt question az all. They dread
its recoil."
EAs to the grain rates Mr.. Hayne con-
tended that if they were the only rates to
be considered the showing was insufficient
1t did not appear whether the other rates
were proper or improper. For all that
appeared to the contrary it might have
appeared that the whole trouble reyolved
fhon T.
might be that the grain rates which were
cut down had been too high. The company's
bill Of complaint alleged that in many
cases large shipments of freight were
carried at actual cost
In this case. he went on, how many
such shipments were there? What sorts
of freight were referred to? For all that
appeared of record it might be that all
classes of freight save grain alone were
carried at cost and that the entire burd en-
rested upon the grain-producers. The
showing should have been OF the relative
character Of each rate.
The information regarding this point
was all in the compliments hands and
the complainant had not divulged it. A
large number of cases were read in sup
port Of the position that where evidence
IN the possession of party was not pro-
duced presumptions would be drawn
against SuCA4 pal the COuTC.
He then took up the evidence contained
in the report of the Pacific Railway Com
mission and proceeded to show from it
that the Indebtedness OF the Central Pa
cific Railway was fraudulent and that
therefore it could not be made basis for
the fixing of rates.
Soon after the opening of the afternoon
session Mr.. Pillsbury called attention to
his sides contention that the company
was not claiming any consideration of the
Government debt.
Mr.. Hayne read from the bill of COM
plant to show that such was not the case.
but that by an artfully contrived mode OF
expression it appeared to be open to the
construction that the Government debt
was not relied upon.
This produced some spirited discussion
and an interruption in the line OF argu
ment Mr.. Hayne said he had not brought
his authoritles-or, to use his own express
SION, his '.ammunition"-with him, and in
order 10 give him time to load up for an
other onslaught the Judge adjourned fur
er proceedings until to-day.