The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-23

matter of the hearing before the
State Railroad Commission was put
before that body yesterday by coun-
sci for the Nevada Northern Railway
company, defendants IN the action
brought by Fl. V. Meloy and others to
compel that road to erect and main
tain freight depot within the cor
porate limits of Ely.
Judge Crump, for the prosecution,
announced that the case of the peo-
pie had closed SO far as the eXamin-
alton of witnesses was concerned,
with the possibility that there might
be one witness of whom one ques-
ton might be asked.
Judge Lindley, for the defense, adj
mitted on the part of the defendant
that the entire right of way occu-
pied by the Nevada Northern Rail-
way company, over the property of
the Ely Townsite company had been
donated by the Townsite company
He also announced that Attorney
Quayle, of counsel for the defense,
would have charge of the eXamina-
ton of witnesses for the defense, eX-
cept as to questions of engineering.
County Commissioner A. l.. Par
ker was called. He said that he had
lived in Ely nine years; and in the
county since 1862. He was present
as county commissioner at the meet
ing of the board of county commits
sioners with the citizens, when the
matter of removing the route of the
railroad from Aultman street to Gar
den street. He was of the impression
that the meeting had been advertised
in the newspapers and he knew that
the purpose of the meeting was of
general knowledge.
The assembly was a general one,
the court room being we'll filled with
citizens. The commissioners them
selves had very little to say, the dis
cussion being carried on principally
by the citizens.
''The discussion of the proposed
franchise was general, on the invita-
tion of the commissioners. Among
the citizens who participated We're
Grant, Atkins, McGill, Richardson
and Herrick.
1.-THE railroad people and the citi-
zens came to an understanding be-
fore we took a recess. After this I'M
derstanding had been reached 1 pro-
posed that committee be appointed
to complete the writing. I also pro-
posed that when you and Mr.. Walker
agreed on the writing, we would
abide by your decision"
What was that agreement?
'It was an agreement that the rail-
road would put in track on Garden
street The draft of the original or
dinance was altered by the passenger
depot clause There might have
been other alterations. 1t was un-
Il haf Ia 1,o ci1a
tracks in Garden street, in the &C
cepted draft, according to my reco!-
lection The subject of the freight
depot was spoken of at the meeting.
That was after it was decided about
the passenger depot. Roqua spoke of
it. He said he couldn't give us the
freight depot unless the people could
give the railroad the ground. I don t
recollect anyone mentioning it before
that Grant said We don't want a
freight depot. Some one else said,
We wouldn't have freight depot
and so far as I could observe every
one seemed to be satisfied
"Who is Grant," asked Attorney
Coleman in cross examination.
Witness said Grant was mining
contractor. He was new conner at
that time. He seemed to be promi-
nent. Witness did not know whether
any business or other relation exist
ed between Grant and the Nevada
Consolidated or associated compa-
MES Atkins, he said, came from
Goldfield, and had invested some
money here.
In answer to the fnterrogations of
Attorney Coleman, witness said that
this was not the first commissioners
meeting where the franchise matter
had been discussed. AS matter of
fact the franchise desired by the rail-
road had been submitted at a previ-
Gus meeting. and the public generally
knew that it was to come up again.
In that franchise there was no pro-
vision for a freight depot or passen-
ger depot.
Witness was asked if as matter
of fact the committee was appointed
afterward to get concessions from
the road, and if that committee did
not comprise Messrs. Walker, Dick
ersop and one other member. Wit
ness could not recall.
"You never heard Mr.. Requa say
that under no consideration would
he put a freight depot here?"
"No, sir.
DO YOU remember if Mr.. Walker
was present at a meeting at which
Mr.. Requa made statement?
"I am quite certain but would moi
swear to it."
"Was Mr.. Dickerson or Mr.. Rich
ardson?"
st think so, but am not positive
"Who else were PRESENT."
"Mr. Rockhill and Mr. l.. j. Nc