The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-03-12
TRACK AND TRAFFIC NOTES
Further Argument Of the Low.Rats
Injunction Case
The Santa Fe and the Denver and Rio 0rende
Lines Meet the Union Pacific's
Cut Rates

SAN FRANCISCO, March 11.-Judge Nc
Kenna resumed his hearing of the motion
to set aside the temporary order restrain
ing the railroad commission from reducing
freights on the Southern Pacific, in the
United States district court today.
Mr.. Hayne asked that transcript of the
testimony recently given by G. p. Hunt
ington before the senate committee be adj
mitted, to show that the expenses of the
steamship line from New York to New Or
leans was included in the operating ex-
penses of the Southern Pacific company.
This, he claimed, swelled the cost of the
latter company and made its percentage of
gain considerably less.
Judge CARRIER, for the railroad, replied to
this, claiming that the argument as adj
vanced was immateral and uuimportant.
Judge McKenna agreed with Mr.. CARRIER,
holding that the contentious of Mr.. Hayne
we're irrelevant, but as a matter Of policy
ton in evidence.
After several motions of minor import
ance had been disposed of, Mr.. Herrin
commenced his opening argument.
He read from decisions and arguments
in o her cases involving questions of legis-
lation. He contended that the board of
railroad commissioners had no power to
fix rates arbitrarily. The power is legis-
lative one and belongs to the legislature.
If the rates now in force are unjust 1t was
the duty of the legislature to fix them and
not that of the commission.
As to the question of jurisdiction he said
there was no doubt on that point as it was
no jurisdiction, he said, and was using a
power it did not have when it attempted to
fix rates.
THE CUT TO COLORADO
CHICAGO. March 11.-Both the Atchison
and the Denver and Rio Grande have met
the cuts made by The Union Pacific, Dem
yer and Gulf to all Colorado common
points. The action of the Denver and Gulf
was surprise to the other roads. as. after
the last reduction the rates were restored
at the especial request of that line, and it
was forced to take all it's tickets off the
market at a loss of considerable money.
just why it should repeat the action is not
clearly understood here.
Reports are being made to the Western
Passenger association that the market in
Denver is in a condition far from satsfac-
tory. The brokers are said to be literally
supplied with tickets of vari us kinds with
which they are cut ing the rates from 81 to
70. Numerous calls for redemption are
being made on the roads.
A RAILROAD FOR SALE
PRESCOTT, Ariz,, March l1.-John Har-
tin, tax collector of Yavapai county. today
advertises to sell for taxes due seventy-two
miles of rails of the old Prescott and Ari-
iona Central railroad, together with one 10.
connective, one coach, box and flat cars,
pumps and tank houses. the road ceased
operation in October, 1898. and was pur-
chased by H. G. King of New York under
liens, and is assessed to him at valuation
of over $4,000, the amount of taxes due
being 81 LOG 10. The sale is advertised to
take place March 2l.
A ROAD COMING HERE
SALT LAKE, March 1.-THE Utah com.
pany. with George Q. Cannon. Milford
Woodruff and eastern capitalists as the
promoters, propose to construct a railroad
from this city to Los Angeles.
The road will be called the Utah and
Pacific and it is announced that eastern
capital is said to have decided to take the
bonds
The company has asked the city to make
grant of Pioneer square for depot pur-
poses in this city, to take effect when 100
miles of road have been completed.
The city council tonight granted the ter.
minal facilities asked for by unanimous
vote.