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

AT the conclusion of the testimony
last night before the Railroad Com
mission, Judge Lindley arose to say
that his preference was for dispensa-
ton with oral arguments and the sub
stitution of briefs for consideration
of the commission in full session.
Oral arguments, in view of the lack
of testimony in typewriter form for
reference purposes, could only deal
in generalities, of which the commits
sion and the public had heard quite
enough, and could not result in
bringing out the legal points which
must be presented to the commission
in connection with the testimony be-
fore decision could be reached. Judge
Crump addressed the commission
after Judge Lindley, saying that in
view of the Importance of the issue
to his clients and the town he desired
to present oral argument as well as
a brief to the commission. When he
concluded Judge Lindley yielded
with the suggestion that a time limit
be put on arguments, which was fixed
at As minutes for each side.
Attorney Coleman opened for the
compainants. He called attention to
the state laws providing against dis
elimination at the expense of COM
munities by railroads and declared
chat the substance of the Ely COM
plant was that such discrimination
was being practiced against it and
declared that if this had been proved
to the satisfaction of the commits
sion, relief would be forthcoming.
Freight was being billed to Ely by
shippers but was delivered at Ely
City, inferring that if the railroad
so chose it could carry this manner
of procedure to the extent of leaving
freight consignments anywhere on
the desert for Ely people. He point
ed to the testimony of Ely merchants
that they could get delivery OF
freights by teamsters from Garden
street for one-half the cost from Ely
City and classed as of no consequence
the testimony of Transferman Nc
Nulty that there would be no differ
ence in cost of making deliveries OF
freight from the proposed Ely depot
site and the Ely City depot to Ely
people. He declared in conclusion
that the Ely City depot and yards
were chosen and conducted for the
| benefit of real estate investors OF
| New York, Philadelphia and other
eastern points, "frenZied financiers,
as in opposition to the interests OF
Ely people and declared that this
could and should be stopped by the
adoption of the McCracken plan
which provided a feasible site for de-
pot and yards in Ely.
| Il I'll.
man. He went straight to the bone
and held the close attention of the
crowded court room. The commits
sion was not trying w. b. Thompson
or the Ely Townsite Co., he said. The
only inquiry Is whether or no the
Nevada Northern is discharging its
public duty in giving to Ely reason
able freight facilities. In consider
alton of the question of discrimina
tion the Nevada Northern has no.
Disseminated. If any discrimination
might be charged nature itself mus
be charged with responsibility, ant
if otherwise, fight between real es
| tate interests. The Nevada Northern
was between the upper and the
neither millstones without fault o.
participation. 1t had no care
whether Mr.. Thompson or Mr.. Eli:
sold the most town lots. There hat
been nothing brought out to show
that the road had entered into any
conspiracy to sell lots in which I
had no interest. AS for depots, every
depot in every city is inconvenient il
location for some. The site at Ell,
City had been chosen by engineer
put in the field to ascertain the bes