The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1920-11-27
Company Shows Reluct-
ance to Produce Its
Commission .4.4.

A fascinating little tilt between
counsel for the applicant and the
contestant enlIVened for a short
space of time Just before noon to-
day what had been rather weary,
cut and dried, statistical cross-ex'
animation of witnesses in the con-
tinued hearing OF the petition OF
the MononEahela Valley Traction
company before the Public Service
commission for Increase in their
gas rates in this city, the adjourn
ed meeting from Charleston being
started at the court house yester-
day afternoon, with E. D. Davis OF
the Public Service commission pre-
siding.
| A couple OF hours had been spent
in the cross-examination this morn
ing of f. w. Lawrence, OF the firm
OF Sanderson and Porter, who had
made a review OF the Traction
properties as of December 81, 1919,
! and W. Q. Gallaher, chief engineer
| OF the Public Service commission,
who had previously made a report
/ in chief examination. The cross
examination was conducted by At
! tOrneys Frank Raymond and Har-
! ry Shaw, representing the consum.
| ers, and neither Attorneys Osman
! Swartz nor TusCa Morris Of the
Traction company, had any ques-
tions to ask the witnesses at the
close.
+! F. Lough, auditor for the Trac-
tlon company, was then called 70
the stand, and admitted that ne
had been right good auditor for
70 years or more.
| Mr.. Shaw then refreshed Mr..
Lough's memory on the matter OF
the hard lines the Traction com
pany had been up against Of late
and how they had been forced to
borrow money on several occasions
to keep the wolf from knawiug up
the whole works. Mr.. Shaw. then
wanted 10 know Shpue pT,St sey
lus had not D5sa rlRda up and
printed before some Of these loans
to the Traction company were
made for the benefit of the people
who 1t was anticipated might loan
the company a little cold cash.
Mr.. Lough thought that possibly
some such thing might have TAX
en- place.
MIR. Shaw wanted TO know Il Mr..
; LOugh had the prospectus for the
, April, 1920, loan and few others
with him, and Lough stated that
! he did not have them in his hand or
in his pocket, but admitted they
might be over in the office some
place.
"lll ask the Witness" said Shaw,
ito produce the desired papers ana
file them as matter Of record in
Pardon" said Osman swartz,
very sweetly, The witness will an
swer that he will produce them II
advised to do so by counsel" He
bowed his head at polite angie
toward Mr.. Lough, who then told
Mr.. Shaw that hg would produce
the papers II advised to do so by
counsel, showing very good team
work by Traction team.
! Mr., Swartz then addressed the
court or commission and declared
that he did not object to "the con
testants going fishing with a hook
and line and even q small net, but
he objected to them falling back on
dragnet of such proportions as
they had just proposed to USE" He
felt that this dragnet process would
catch all the private papers OF the
company not pertinent to the issue
and drag out the life Of the hearing
to such q ripe old age as to make 1t
burden. Not only this, but he
said all privacy would be thrown to
the winds.
Mr.. shaw then addressed the
court on the mater Of whether the
desired prospectus was pertinent or
not. He stated frankly that he
thought the prospectus might throw
some light on the case in that 1t
might be found the matter in the
prospectus would contradict evil
dence given before the commission
on the matter of the financial con.
dition OF the company.
"If the prospectus, for instance,
should show" said MIR. Shaw, "that
the Tractio ncompany was telling a
very happy story as to financial
conditions to those from whom they
expected to borrow money and then
told a sad story OF dropping a thou
sand dollars day to the commits
sion, It appears to me this might be
pertientu to the case in hand"
Following this there was dis
cussion as to how the papers should
be secured II the witness refused to
hand them over.
Finally Mr.. SWartz said that II
the commission ruled the papers
we're pertinent, he presumed the