The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-07
WILLCUTT Will LIE Low
He Will Not Acknowledge the
Railroad Commissioners
Jurisdiction.
Application Will Probably Be Made
to the Supreme Court for
Writ of Mandate.

It is the purpose of the Market-street
Railway Company to deny the Iurlsdlc-
ton of the Railroad Commission over
street railways in general and the lines of
the Market-street Railway Company in
particuIar, and its intent will be made
manifest in an official way to-day at the
meeting of the Railroad Commission.
Some months ago the Ashbury Heights
I'm provement Club petitioned the Board
of Railroad Commissioners to investigate
the earnings of the Market-street Railway
Company, and to reduce the scent fare
to cents, or 81 cents, II the results OF the
investigation of the affairs OF the company
warranted such action.
In compliance with this petition, and
after que consultation with Attorney
General Fitzgerald, subpoena was issued
and served on Secretary J. l.. Willcutt as
follows:
We command you, that all and singly, bust
ness and excuses being set aside, you appear
and attend before said board, at the Office
thereof, rooms 81 and %, Chronicle building,
on the corner of Market and Kearny streets,
in the City and County OF San Francisco,
State of California, on Monday, Septem-
Der z A. D. 1896 at the hour OF 1 O'Clock
and produce to said board any and all books,
records and papers OF The Market-street Rail-
way Company, corporation organized and
existing under and by virtue OF the laws OF
the State of California, and having its princi-
pal place of business at the City and County of
San Francisco, State of California, showing the
following matters or either or any Of them
pertaining TO the business, property and
affairs OF said Market-street Railway Com
pany, viz:
Capital stock paid in as common and capital
stock actually paid in as preferred.
3 Funded debt and floating debt.
Total gross DEBT and construction accounts,
as well as improvement accounts.
All other assets
Total property and assets.
Receipts from transportation of passengers.
Receipts from all other sources.
Total receipts.
Operating expenses.
Interest paid within the year,
Taxes PAID within the year.
Salaries and wages.
All other expenditures.
Total expenditures.
Rate and amounts of dividends paid.
Surplus.
Expenditure for new rolling stock.
Expenditures for repairs of rolling stock.
the year.
TOTAL number of horses
Total numper OF cable cars.
Total number of electric motor cars.
Total number of other cars.
Total length OF roads operated in miles.
Average number OF persons employed.
Average rate of fare per passenger.
You are to THY in the aboye-sta ted matter
now pending in said board, and for failure
to attend and produce said books, papers and
records you viii be deemed guilty OF con-
tempt of this board and liable to punishment
thereof.
What the action of the railway company
Is to be has been matter of much and in
teresting speculation among every one in
terested in the reduction of car fares, and
more particularly among attorneys and
others interested in the legal issues that
are likely to be raised.
1t was feared by some that the Market
street Railway Company, following the
precedent of the Southern Pacific Com
pany in the case recently tried before Cir
cult Judge McKenna, would raise the
question OF the constitutionality of the
commission, but it was learned from re-
liable source yesterday that the right of
the commission would only be brought
into question so far as its Jurisdiction over
street railways is concerned.
Secretary Willcutt will be represented be-
fore the commission by one of the regular
attorneys of the company, but none of
the books and documents mentioned in
the subpoena will be forthcoming despite
the reading of the subpoena to the effect
that failure to comply will be deemed
contempt of the board.
According to the constitutional provi-
slons creating the commission the board
has the right to punish for contempt.
1t Is not the intention, however 10 re-
sort to this power, as the purpose is to
determine the issues at stake and not
simply to annoy and harass the railway
company. a writ OF mandate will be ap-
piled for to the Supreme Court, and the
matter thus brought to a fair legal test of
the power of the Commission in this re-