Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1907-10-25
The Railroad Case.

INC " >. ulstrlct court III the case Oh the
railroads against the Stnte railroad COM
mwsinu:
The five RAILROADS which have brought
suits against ,..r Nevada railroad com
mission and cuiumiss .DDers have yir-
tually abandoned ti,eir tight as to the
constituconallty nf the law and are now
centeriug all their Efforts On the one
point kuocKnR out aud having de-
clared cnutiscatory tile maximum rates
as set ont 10y the Syphus act. The cases
were called in the United States court
yesterday Afternoon Lefore Judge Far
rIngtou and the attorneys for the state
accepted the eS-Iarte afiidavits OF the
plaintiffs ns evidence IN the case but
cross-exam,nei. Treasurer-Secretary-
Superintendent G.. f.. ABBOTT VI the
Eureka ~ Palisade read and reserved
the RICH, to cross-cxamine representa-.
tves Of the Tonopah Il Goldlield rail.
road later. With this understanding
and ii fuDther stipulation modifying the
restraining order on the commission the
cLses were submitted and the date Tor
argument set for Monday, Novem.
Der llth.
The stipulauous entered in the cases
were about us follows: that the ex.pur,e
aliidHvitI II each case were tn be ac-
cepied as evidence in each case and
further examination waived with the
exception Of the Tnnopah Il Goidfeld
rniIrnnl ..,I g.. IN.-.t.. . Ill
the latter examination being held yes
terday afternoon; furtli, tina the ca 5es
now stand submitted except Tor the
arguments etc. which argument viii be
beard Oh the 18th day OF November. 1t
WAS also stipulated and agreed that The
commission could perform all duties and
functions excepting the enforcing or
attempting 20 enforce freight rates.
This i'll brief Wis the basis OF the s~tipula.
tior made 10 the cases.
The modification OF the restraining
order is the most important feature of
the case and was a decided victory for
the attorneys for the state. BY the
modification OF the order the commission
can now proceed and hear Complaints in
regard to car shortage, side track accom-
mediation depot sites or whatever else
may be brought before it and enter and
make all or 1ers with the exception OF
liking and enforcing freight rates. II
will give the commission authority to Tx
passenger rates also and il is likely this
matter will be taken up within a short
tune.
The effect Of the modification in the
restraining order agreed to by Chairman
Bartine and Attorney General Stoddard,
Is that the commission will new be able
to proceed with all its duties and June
lion except the settling OF freight rates;
that last alone is denied the commission
until after the final hearding and de-
cision. Any and al complaints nov
received will be Investigated and the
commission take action on them quickly
and specifically.
There is IA general feeling that the
railroads have abandoned their fight as
to the constltutionality OF the Syphuo
act and now center upon the question Of
the r~eGsonableness OF The maximum
rates get by the act. Several OF the
attorneys Tor the roads stated Yesterday
that il the act had not contained the
maximum rptc section it would have
been useless FOR them to come here rs
they believed the rest OF the bill was
almost perfect but the rites we.s too
low and they must cDdeavor tn knock
them out.
BY the accepting Of the afidavits and
submitting the case yesterday consider.
able time was saved in the trial for il
Il board OF examiners hrd been appoint
ed and testimony taken several months
would have beer consumed and during
that entire period the commission would
have pertorce been inactive. As a
whole the case is in pretty good shape.
Carson Banks iu Trouble.
Tho State Bank and Trust Company
with headquarters in Carson and
branches in Tcuopah, Goldticld, Mnnhat.
tan and Blair closed its doors Wtdnes-
day morning. Tie suspension is said
tn be only temporary. The failure OF
tho l.. NJ. Sullivan Trust Company OF
Goliiield last january ia the cause OF
the cmbar rnssment Of the State Bank
mud Trust Company. When the Sulii.
van Company failed, The State Bank and
Trust Company stood TO lose 800 600,
Tho Sullivan stocks were taken over Ms
security Tor TINT sun Int the bnnk bns
been unable to realize on them. T.. Is
RicHey president ~ the bank 10 in Sar
Francieco.
Following the closing Of The State
Bank and Trust Company, depositors IN
tho Nyo e Orm'by county Bank, winch
does business in Carson, Reno, Goldfeld
Tonopah and Manhattan, began TO with,
draw their deposits and n sign WIS pu,
up shortly afternoon saying that the
bank would he closed for three days
This step was taken pending the arriva
ri coin from San Francisco and othe,
places.
President Frank Golden said 10 The
Gazette yesterday that there need be ne