The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-02-24
Board Of Railroad Commissioners, ETC.

Board of Railroad Commissioners, etc.
No. 64,311.
Action brought in the Superior Court
in and for the City and County Of San
Francisco to obtain a writ of prohibit
ton in the matter of the complaint of
John r. Robinson before the Board of
Railroad Commissioners.
On August !, 1898, the court filed its
opinion and order granting the writ of
prohibition. No appeal has been taken
from the order granting the writ
am advised that this Office was but
nominally connected with the above
cause, Hon. George NJ Monteith hav-
ling conducted the proceedings threein
on behalf of the complainant, John r.
| Robinson.
MARKET-STREET RAILWAY.
Board of Railroad Commissioners,
etc, VS.. Market-street Railway Com
| pany and J. L. Wilcutt, Secretary, etc.
No. 59,72S.
Action brought in the Superior Court
in and for the City and County of San
Francisco, to compel defendants to
produce all papers, books. records, ETC..
| for investigation by the Board of Rail-
road Commissioners, in the establish
ment of rates of fare
! On October 13, 1898, the court.
through Seawell, Judge, filed its written
opinion and ordered that judgment be
entered denying the writ of mandate
prayed for and directing a dismissal of
the action. No appeal was taken The
cost of an appeal would, probably, not
exceed one hundred dollars.
ALL ABOUT RATES.
| Southern Pacific Company VS.. Board
of Railroad Commissioners.
| States Circuit Court.
| To better understand the nature and
purpose of this suit 1t may be we'll to
briefly suggest the causes which gave
| it birth.
On September II, 1895, the Board of
Railroad Commissioners adopted a res
olution, upon which a schedule of rates
was based, and by which an eight per
cent reduction in grain rates was
sought to be established.
On the following day. September IL.
1870, the board adopted another reso-
tuition looking to general reduction of
1relght rates, other than upon grain, to
| the extent OF twenty-five per cent of
sucn rates as they existed on Deem
| Der L, 1894. No schedule was ever
adopted under this resolution.
On October IA, 1895, the Southern Pa
clfic Company, against whom the above
resolutions were directed, filed a bill in
equity in the United States Circuit
Court for the Northern District of Cali
fornia, by which it was sought to re-
strain the Board of Railroad Commits
s1oners from proceeding under the fore
| going resolutions
| A temporary restraining order having
been issued by the court, an Injunction
pending the trial of the cause was
sought by the Southern Pacific Com
| pany, the hearing upon which. from
various causes, was delayed until jan
uary 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 by the court
On November 80. 1896, the court
made its order continuing the iniune-
| ton as to the proposed eight per cent
reduction in grain rates. but refusing to
further enjoin proceedings under the So
| called twenty-five per cent. resolution.
the board having disclaimed anv in
tention of proceeding under the latter
resolution without further inyestiga-
ton.
| On January %, 1897, the Board of
railroad Commissioners filed their an
swer to the bill of complaint and IN
February II. 1897, the Southern Pa
clflc Company filed its replication
thereto
exceptions to the answer were filed
| and referred to the Master in Chaneerv
upon whose report, and after argument
| by counsel, the court entered an order
allowing such exceptions in part and
denying them in part.
Inls last named order was made on
April 70, 1895. whereupon the cause
became at issue and the taking of testi-
mony was thereupon begun.
The complainant (the Southern Pa
c1hc Company has taken the testimony
of its Chief Engineer, Mr.. Hood. and Of
Messrs- Curtis and Bogue, presented as
| experts, and few other minor wit
nesses. The testimony thus far taken
by complainant relates to the question
as to what it would cost to reproduce
the properties of the Southern Pacific
Company. The taking of testimony on
the part Of complainant has not vet
| been completed.
The respondent (the Board of Rail-
road Commissioners has taken the
testimony of c. P. Huntington. Prep
arations are now being perfected TO,
the further taking of testimony on be-
half of respondent
The testimony thus far taken
amounts to 1920 pages of typewriter
matter, the taking of which occupied
the greater part of the time from Nav
9TH to November 2, 1898.
COSTS AND EXPENSES.
Hon w. w. F'oote, retainer
Hon, Robert Y. Hayne. retainer $4,000 90
Hon. ]. c. DAILY. retainer Gudg- '0'' "
ment against State) .......... II $50 90
Ciement Bennett, reporter Cpaidl 2,126 80
pending in I.egislatYre). .;....... 2,242 so
/. II. Polk. expert Chill pending in
Legislature) ...................... ?,7os 50
Total paid or incurred ........... s43, 1as 10
PROBABLE FUTURE COSTS AND Elk
PENSES.
Fees of expert (estimated). 49,. $50 900 90
Fees OF special counsel (esti-
mated ........... 10000 90
Fees of reporter, including trans
cription of testimony (esti-
mated .;;..........:.... 5000 90
expenses in event of appeal to
| and hearing before U. S. Su-
preme Court ....-............... 1000 90
Total probable future costs..... $4,000 90
REHABILITATION.
Costs and expenses already paid
or incurred ...............:.... s4s12S 10
ptHSeS .......................... 81, 600 90