The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-04
CONTINUED from page one.J


established on said street, there is
scant room for wagon traffic on each
side of the track, making it impos-
sible for defendant to maintain
switches, side-tracks, passing tracks,
or other facilities for the hand
ling of freight. 1t owns no property
along the line of the Garden Street
right of way upon which any depot
for freight purposes could be estab-
lished. The following is descript-
ion of the only property adjacent to
its Garden Street route which said
defendant owns, or in which it has
any legal or equitable interest, to-wit:
The South half of block AZ, 249
TT. long by 100 #. wide. Upon this
lot is now erected the passenger depot
the superintendent Office and chief
engineers office-three buildings.
A lot 25x1OO #. in block V; and
piece of land Is feet wide by a
length varying from 80 to 100 feet in
lots IL, 9 and 10 in block D.
The construction of a depot to ham
die the volume of freight consigned
to patrons of this road resident in
the city of Ely-which defendant adj
mits is large-involves essential ac-
cessories as follows:
Provision for sorting and distribu-
ting cars, making up outbound trains
and breaking up inbound trains;
tracks for cars which are to be load
ed, unloaded, or stored; room for the
approach of wagons to deliver and re-
ceive freight; passing tracks; ware
house for the storage of freight not
promptly called for. A minimum
estimate of the forms and area re-
quired for this purpose is a tract two
thousand feet long and three hundred
feet wide, embracing fourteen acres.
Such an area could not be obtained
i'm the city of Ely without condemna-
ton at enormous expense, involving
the destruction of many substantial
buildings and improvements, the eros.
sing and recrossing of narrow streets
by the requisite number of tracks
with consequent danger to life and
limb.
In addition to these facts, the hand
ling and storage in freight depots OF
highly inflammable freight, and eX-
plosives, would largely increase in
surance rates to the inhabitants OF
the town, and the danger of operating
trains and switching renders 1t i'm
practicable and unreasonable to es-
tablish near the business or residen-
tial section of any town freight de-
pots with their accessories.
AS more fully hereinbefore appears
defendant has provided at great eX-
pense and is now engaged in equip
ping a freight depot and yards con-
sisting of an area of sixty acres within
reasonable distance of the business
center of said town, which will fur
nish ample and reasonable accomo-
dation to all its patrons at the city
of Ely and in the territory adjacent
to its corporate boundaries.
Defendant admits that 1t has dis
charged and unloaded freight at its
said freight yards and depot al
Georgetown, for the reason that il
had not, nor could it obtain, requisite
facilities elsewhere in reasonable
proximity to said business center OF
said city, as hereinbefore set forth
Defendant AYERS that it's conduct il
this behalf is due solely to the nee
essities of the situation and not fol
the purpose of discriminating against
the residents of the city of Ely, OIL
with view of favoring any particular
locality. Defendant AYERS that the
interest of the entire community
tributary to said railroad is best sub
served by the establishment of said
freight depot, yards and accessories
at Georgetown; denies that 1t has
violated any of it's duties or obliga
lions as a common carrier by so dis
charging freight at its Georgetown
depot, or otherwise, but that all its
acts herein have been done and per
formed with view of consulting the
convenience of its patrons at al
points without discrimination, ant
defendant will continue so to act sc
| far as it is possible, consistent will
| the proper conduct of it's business O
common carrier of freight and the
necessities involved in the conduc
of it's business. Said depot was pro
jected and planned long before there
were any recognized boundary lines
dividing the two communities, ant
with view of permancncy, to meet
present requirements as well as tho
| future growth of the entire district.
VIII
Answering the matters and thing:
set forth in paragraph of said com
plant, defendant AYERS that freigh
deliveries have been made to its pat
rons at said Georgetown depot ant
yards and that they have been com
pelled to pay charge for carriage
But defendant AYERS that all person:
at all freight depots are compelled tt
transport goods from such depots tt
their final destination on wagons
Freight depots are rarely ever located
in retail business centers and carriage
| is always a necessary outlay betrayed
by the consignee. The principal item
in a charge for carriage is loading ant
unloading. and the distance between
depots and wagon delivery points, un
less such distance is great, is not {
matter of serious moment. Con
signees of freight resident at Ely cit!
are likewise compelled to pay carriage
and so is every cOnsignee. AS to thu
amount which plaintiff claims is nee
essarily paid for carriage, defendan
has no knowledge, but if he, or the,
whom he purports to represent pa
the sum of two dollars per ton, sucl
price is unreasonable.
TX
| Answering the matters and thing
set forth and alleged in paragraph
of said complaint, defendant denie
that during the period of ten month
last past profits which it has realized
| fc1r, tho 0a nf nacconO orc an