The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-02-24
RAILROAD LITIGATION
REQUIRES MUCH MONEY
Report Of Attorney General Ford on
the Existing Cases.
Observation-Disclosures

CALL HEADQUARTERS, SACRA-
| MENTO, Feb. 23.-Pursuant to a resolu-
ton by White Of San Francisco adopted
by the Assembly a week ago Attorney
General TREY L. Ford to-day rendered a
report upon all litigations now pending
n which the Railroad Commissioners are
either plaintiff or defendant against the
railroads of the State. He also rendered
an estimate of the expenses that will ac-
crue before the present cases are brought
to an issue.
Mr.. Ford estimates that it will require
$50 900 for future attorneys fees alone;
s31 500 has been already paid out for the
same purpose.
Assemblyman Burnett Of San Luis Obs
Pc County on Monday introduced in the
Assembly bill which appropriates $40 900
for the maintenance of the SUITS now
pending, particularly the grain rate case
Mr.. Ford's report is as follows:
To the Assembly of the State of California;
I have the honor to acknowledge the receipt
of a resolution adopted by your honorable body
on the 18th inst, reading follows:
Resolved. THAT the Attorney General be and
he is hereby requested to report to the Assem-
bly, the present status of all litigation pend
ing between the Railroad Commissioners of this
State and the Southern Pacific Railroad Com
pany and other railroads. also the amount of
funds necessary TO carry on said litigation to
a final determination"
Pursuant to the terms of the foregoing reso-
luton l have made the needed examinations
and beg to report thereon follows:
l am unable to find any litigation pending
''between the Railroad Commissioners of this
State and the Southern Pacific Railroad Com
pany.
Following is account of all litigation so
far as have been able TO ascertain the same.
| Commissioners and amy other railroads." to-
gether with a statement of the amount of
funds necessary to carry on said litigation to
a final determination
l.
s9ptherp PaGic Company ct a. Board of
Action brought in the Superior Court in and
! for the City and County of San Francisco to
the complaint of John r. Robinson before the
Board of Railroad Commissioners
On August ], 1885, the court filed its opinion
and order granting the writ Of prohibition. No
appeal has been taken from the order grant
| / am advised that this office was but NOM
| fnally connected with the above cause. Hon.
George w Monteith having conducted the pro
ceedings therein on behalf OF the complainant.
| John r. Robinson.
Board Of Railroad Commissioners. etc. VS..
| Market Street Railway Company and J. L.
Willcutt, secretary, etc. No. 5s,72s.
for the City and County of San Francisco, to
compel defendants to produce all papers. books.
records. etc. for investigation by the Board
of Railroad Commissioners, in the establish
ment Of rates Of fare.
well. judge, filed it's written opinion and or
dered that judgment be entered denying the
m n ps adag 95 a
/ The cost Of an appeal would. probably. not ex-
coed $780,
Southern Pacific Company Board OF Rail
road Commissioners United\ States Circuit
/ Court.
To better understand the nature and purpose
of this suit it may be well TO briefly suggest
! the causes which gave II birth.
On September Il. 1895. the Board of Railroad
| Commissioners adopted a resolution, upon
which a schedule Of rates was based, and by
| UhiH ar in n
rates sought to be established.
On the following day. September 10. 1895, the
general reduction of freight rates, other than
upon grain, to the extent of twenty-five per
cent, of such rates as they existed Decem-
Der /, 1894. No schedule was ever adopted I'M
der this resolution.
pany. against whom the above resolutions were
Greeted filed bill Of equity in the United
Of California by which it was sought to re-
strain the Board of Railroad Commissioners
| from proceeding under the foregoing 'resolu-
lions.
temporary restraining order having been
issued by the court, an injunction pending the
trial of the cause was sought by the Southern
Pacific Company, the hearing upon which, from
various causes. was delayed until January 6.
| 1896
The hearing of this motion. including two
| continuances occupied some four months. the
argument alone occupying twenty nine days.
! The motion was then taken under advisement
| on November 90. 1896 the court made It's
posed eight per cent reduction in grain rates.
but refusing 20 further entoin proceedings I'M
der the so-called twenty-five per cent reduc-
ton, the board having disclaimed any inten-
ton of proceeding under the latter resolution
without further investigation.
On January % 1897. the Board of Railroad
/ Commissioners filed their answer to the bill
of complaint and on February II, 1897. the
Southern Pacific Company filed It's replication
thereto.
1 Exceptions to the answer fled and re-
ferred to the Master in Chancery upon whose
report and after argument by counsel the court
| entered an order allowing such exceptions in
part and denying them in part.
This last-named order was made on April rs
| 1885, whereupon the cause became at issue and
| the taking of testimony thereupon begun
The complainant (the Southern. Pacific Com.
| Dany) has taken the testimony of its chief en-
! gineer, Mr.. Hood and of Messrs. Curtis and
| Bogue presented experts. and a few Other
| minor witnesses. The testimony thus far tinker
| by complainant relates to the question (,
what 1t would cost TO reproduce the properties
| of the Southern Pacific Company. The taking
81 testimony the part OF complainant has moi
yet been completed.
The respondent Cthe Board Of Railroad Com
| missioners) has taken the testimony Of G. p
] HUNTINGTON. Preparations are now being per