The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1922-04-08
Eureka County Chamber I
Chairman:

reka County ChaAhpcf VI
eled its complaint against the Eu-
reka-Neyada Railway Company put
ting in issue the reasonableness OF
freight rates and the adequacy OF the
railway company's transportation
service.
At this time the adequacy Of the
attendants transportation service
. will be considered and the question
relating to the reasonableness OF
freight rates will be reserved for at
tention later.
AS to the question of service the
complainant, Eureka County Cham
her of Commerce. alleged:
THAT the defendant company has
in the past, and is at the present
time. rendering an inadequate trans
nortation service for the carriage OF
freight between Palisade and Eureka,
Nevada"
And in this same connection COM
plainant prayed:
THAT an order also be made by
the Commission commanding said de-
fendant to furnish a reasonably ad-
eouate service for the transportation
of merchandise over its line OF rail-
road"
Section 81 of the Public Service
Commission Act, among other things.
provides as follows:
s'If it shall be found that any 80
service complained OF is unjust. un-
reasonable. insufficient. preferential.
unjustly discriminatory, or otherwise
in violation OF the provisions Of this
act. or IL II be found that the service
is inadequate, or that any reason
able service cannot be obtained, the
Commission shall have power to sub
stitute such other service, and make
such orders relating thereto as may
be Just and reasonable"
On December 81. 1921. copy OF
said complaint was forwarded to Mr.
]. e. Sexton, vice-president OF the
Eureka-Nevad Railway Company
with a request to satisfy or answer
the complaint. Mr.. Sexton not only
did not answer, but failed to attend
the investigation and hearings. held
at Eureka, Nevada. on March 18th.
1922, and at Palisade on March 18th,
1922.
The Eureka-Nevada Railway Com
pany was not represented at these
hearings either by counsel or officers
of the company. The only informa-
ton reaching the commission as TO
the attitude of the defendant COM
pany was that contained In press
dispatch In the Reno Evening Ca
zette. February %. 1922, wherein
among other things, the following
interrogatories and answers were car
ried:
when asked II he Intended
to answer the complaint OF the
Eureka County Chamber of
Commerce. Sexton said:
II believe l did receive some
kind of a communication from
the Public Service Commission.
but didn't answer 1t and don't
intend to and don't think I'll
appear at the hearing"
The Commission having In mind
the complaint regarding inadequaey
of transportation service, invited Mr..
]. Z. Sexton, vice-president of the
defendant company, under date OF
March Is, 1922, to accompany Chair
man Shaughnessy. who conducted the
hearings and investigation, for the
purpose OF looking over the line and
discussing maintenance and operat-
ing conditions while en- route between
Palisade and Eureka, To this tele-
gram the following answer was re-
ceived by Chairman Shaughnessy,
March 18th:
'Wire date. Mr.. Sexton not
here. Expect to run train to Eu-
reka Wednesday unless weather
condition prevents as It did the
greater part of last week. Will
arrange connections requested
and should arrive early at Eu-
reka. Signed J. B. Rice. Auditor
EN- Ry."
The weather conditions referred to
by Mr.. Rice related to blockades from
drifting snow.
In response to the aforesaid tele-
gram Chairman shaughnessy wired
Auditor Rice on March 14th as fol-
lows:
.'If not otherwise engaged win
be glad to have you accompany
me to Eureka for purpose Of
showing me line and explaining
operating conditions. Thanks
for your courtesy In arranging
connection. Regret Mr.. Sexton
Is absent"
Upon arrival at Palisade on morn
ing of March 18th Chairman Shaugh-
messy was informed by Auditor Rice
that he was not authorized TO partic-
ipats In the investigation. aforesaid.