Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1907-11-01
The Railroad Case.

Inc hallroed Ease.
Wednesdays Carson News mas the
following regarding the proceedings in
The U. ). district court in the case of the
railroads against the State railroad COM
mission:
The five railroads which have brought
suits against the Nevada railroad con.
mlssioD and ummissiuuc have yir-
tualiy abandoned lht il tight MS to the
constit ~utionalIty 6f the law ind are now
centering all tn, ir efforts gu t.e one
point Knocking ont aud having de-
ciared c"ntiscatory the maximum rites
rs set ont 10y the $! phus act. Me cases
were called in the United States court
yesterday afternoon Lefore judge Far.
r'nRton and the attorneys for the state
accepted the ev-i arte ailidavits OF the
plaintiffs Ms evidence in the case but
cross-cxarUIneI. MISUNDERSTANDING
Superintendent G.. f.. : bolt o. the
Eureka ~ Pdlisaie read nud reserved
the right To c~ross-examine representa-.
tivcs OF he Tonopah Il Goldiield rail.
road later. With this understanding
and Il funther stipulation modifying the
rest order on the commission the
cases were submitted aud the date Tor
argument set for Monday, Novem-
Der 18th.
The stipulauuus entered in the cases
were about us follows: that the x.parte
aiiidavits NJ each case were to be ac-
copied rs evidence in zach case and
further examination waived with the
exception Of the ronopah & GoIdfield
railroad and the Eureka IL Palisade road
the Inter examination being held yes
terday afternoon; further that the cases
now stand submitted except Tor the
arguments etc. which argument will be
aSard ON the llth day of November. II
was also stipulated and agreed that the
commission could perform all duties and
functions excepting the enforcing or
attempting 20 enforce freight rates.
This ia brief was the basis OF the stipula-
ton made in the cases.
The modification Of the restraining
order Is the most Important feature of
the CAGE and WIS 4 decided victory for
the attorneys for the state. BY the
modification Of the order the commission
eau now proceed and hear Complaints in
regard to car shortage, side Track accom-
mediation depot sites or whatever else
may br brought before it and enter and
make all orders with the exce ptioD OF
fixing and enforcing freight rates. 1t
Will give the commission authority to Tx
passenger rates also and il is likely thus
matter will be taken up within a short
time.
= = =
The effect OF the modification in the
restraining order agreed to by Chairman
Bartinc u Attorney General StOddard,
Is that h commission will nov be able
to proceed with all it's duties and tune
ions except the settling OF freight rates;
that last alone is denied the commission
until after the final hearding and de-
cision. Any and all complaints now
received will DO investigated and the
commission take action on them quickly
and specifically.
Af''N H'ltIht lttllllH lliuI inc
railroads have abandoned their fight M
to the utioDality OF the Syphuo
act und nov center upon the question OF
the reGsonablGness OF the maximum
rates set by the act. Several OF the
attorneys Tor the roads stated yestcr day
That il the act had o contained the
maximum rete section it would have
been useless for them to come here Ms
they believed the rest OF the bill was
almost perfect but the ratca G 20 too
low and they must eDdeavUr to knock
them out.
by the accepting OF The unidavits and
submitting the case yesterday consider.
abl time WINS saved in the trial for il
a board Of examiners had been appoint
ed and testimony taken several months
would have been consumed aud during
thai entire period the commission would
have pertorce been inactive. As a
whole thec case is in pretty good shape.