The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-21


the matter of the complaint of H. ".
Meloy and others against the Nevada
Northern Railway company, alleging
that the road is discriminating
against Ely, by it's failure and re-
fusal to construct and maintain a
freight depot within the corporate
limits of the city, was begun before
the Nevada State Railway commits
sion in the court house at 10 o'clock
yesterday morning. Railway Com
missioners Thurtell and Shaughnessy
occupied the bench, while counsel for
the plaintiffs and the defendant rail-
road company flied the enclosure be-
fore the bench.
There were a number of citizens
in the court house at opening of the
hearing, including several ladies. The
plaintiffs in the action were repre-
sented by Attorney S. d. Crump, who
conducted the examination of all
witnesses. The defendants chief
counsel, Judge Curtis Lindley, con-
Quoted the examination for the de-
PENDANTS and Attorneys Chandler &
Quayle, local counsel for the Nevada
Northern, were also present. Among
the spectators and participants at the
Charles A. Walker, w. B. Coleman,
Anthony Zurich, District Attorney G..
A. Eddy, Lieutenant Governor ID. S.
Dickerson, H. J. Hoffman, DR.. R. h.
Richardson, President A. B. Witcher
of the Ely Commercial CLUB, Vice
president L. G. Cannon and Chief En-
gineed A. Judell of the Nevada
Northern. Witnesses examined were
Fl. V. Meloy, the complainant, State
Senator H. A. Comins and A. R..
Whitehead, general manager of the
Ely Mercantile company. At con-
clusion of the examination of Mr..
Whitehead, shortly after noon, adj
iournment was taken until o'clock.
Prior to the beginning of the ex-
animation of witnesses, 1t was agreed
by counsel that oral argument OF the
action should be had before the MEM
bers of the commission sitting in the
case, and that final argument and
submission of briefs in the matter
should be before the full commits
sion. Attorney Crump, for the plant
ifs, suggested that the work OF all
interested might be facilitated by the
admission of certain patent facts,
Judge Lindley said that he would be
glad to admit anything that was fact.
The statement of fact as submitted
by Judge Crump was in substance:
That for 80 years prior to the in
corporation of the city of Ely the set
tlement had been known, and is still
known as Ely; that it has for long
contained, and does now contain the
court house of this county; a county
iail and other county buildings and
offices, the United States postoffice,
churches and other public buildings;
that it has carried on and still con-
ducts a general merchandising bus1-
ness such as is usually carried on In
mining camps in this state; that the
minimum population to the time OF
the incorporation of the city was
about 500 persons, more or less; that
it is a mining camp, supported prln-
cipally by the mining interests in the
vicinity and by the stock raising and
farming industries in the same local
ity. That on June 5, 1907, the town
of Ely became incorporated under
the laws of the state of Nevada.
At this point in the statement o1
fact. Judge Lindley interrupted by
saving that some question exists as
to the validity of the Incorporation o1
the city, in the minds of counsel fol
the defendant, and that he would moi
admit the validity of the incorpora-
tion. but would admit that on July
20, 1907, the secretary of state Oh
Nevada had issued certificate of In
corporation, and that the city has
carried out the de facto functions OF
n CITY since that time. The suggest
ed change was adopted by counse
after brief skirmish and the state
ment of admitted fact was concludet
with the clause that since the las
date mentioned, the bona fide popula
tion of the city of Ely had been 2,5o'
persons, more or less.
After the Formally of swearing
the >stenographers had been conclud
ed, H. " Meloy was called ane
sworn. His direct examination wal
conducted by Judge Crump for TN
plaintiffs. Mr.. Meloy said that NJ
was the complaining witness IN TN
case. and that the complaint was nle'
at the instance and suggestion OF
committee of the Ely Commercla
club. Witness stated that ne ha'
been shipper over the Nevad'
Northern of all classes OF merchan
disc, from Salt Lake, ogden, Sal
Francisco, Chicago and st. LOUIS
He said that his freight was haule'
from Ely City to his store, mile o
a mile and half distant. M.
1.-The goods are consigned TO Ely
and the freight is paid to Ely n
said in answer to questions, pu
they are delivered to Georgeto"n
The transfer charge is from ~ I
S2.25 per ton. Other ANNOYANCE
and expenses were also incurred; 10
example, the loss of time, the trou
Bile of going to the depot for TN
goods, to learn if they were there
M CVCtlT