Overload

“There were special circumstances."

"Never mind them. I asked: ‘Is that true?"’

Nim was aware of Nancy Molineaux watching from the press table; a soft smile played about her face. He said, "It was a prejudiced report, but-more or less-it’s true."

Birdsong appealed to the bench. "Will the chairman please instruct this witness to respond with a simple ‘yes’ or ‘no."’

The commissioner said, "It might save everyone time if you did, Mr.

Goldman."

His face set grimly, Nim answered, "Yes."

"It took a lot of effort," Birdsong said, "like pulling teeth." He was facing the bench again and, chameleon-like, had slipped from hardness into affability. "But we finally have an admission from the witness that the contents of this courageous newspaper report are true. Mr. Chairman, I would like the article entered into evidence to demonstrate the rich living which officials like Goldman here, and wotsis-name the chairman, accustom themselves to at the expense of poor consumers. Also it shows why expensive boondoggles like Tunipah, aimed at supporting this kind of habit as well as making extortionate profits, are foisted on an unsuspecting public."

O’Brien, on his feet, protested wearily, "I object-to inclusion of the report which is irrelevant to this hearing; also to the last remarks which are unsupported by evidence or testimony."

The commissioner consulted briefly with the administrative law judge, then announced, "Your objection will be recorded, Mr. O’Brien. The document-the newspaper report-will be admitted as an exhibit."

"Thank you sir," Birdsong said. He returned his attention to Nim.

"Do you, personally, own stock in Golden State Power & Light?"

"Yes," Nim said. He wondered what came next. He owned a hundred and twenty shares which he had acquired, a few at a time, through a payroll savings plan. Their present market value was slightly more than two thousand dollars-far less than the original cost since the value of GSP & L stock had slumped a month ago after omission of the dividend. But he decided not to volunteer more information than was asked. It proved to be a mistake.

"If this Tunipah deal goes through," Birdsong continued, "is it likely the value of all Golden State Power shares will go up?"

"Not necessarily. They could equally well go down." As he spoke, Nim wondered: Should he elaborate, add that with a huge construction program, to be financed by the sale of securities including new common stock at below book value, the existing GSP & L shares would be diluted and might slump? Such an answer would require complex explanations; it would also-in this context-look like waffling. Nor was Nim sure that the company’s treasurer would want the statement made in public. He decided to leave well enough alone.

"Not necessarily," Birdsong repeated. "But the market price of those shares could go up. Surely you’ll admit that."

Nim said tersely, "In the stock market, anything can happen."

Birdsong faced the courtroom and sighed theatrically. "I suppose that’s the best answer I can expect from this unco-operative witness, so I will make the statement: the shares probably would go up." He swung back to Nim. "If that happened, isn’t it true that you would have a vested interest in Tunipah, that you, too, would be a profiteer?"

The notion was so absurd, Nim wanted to laugh. The best he could hope for, for a long time to come, was that the value of his small shareholding would return to its level at the time of purchase.

Birdsong said suddenly, "Since you seem reluctant to answer, I’ll put the question another way: If the value of Golden State shares go up because of Tunipah, will your shares be worth more as well?"

"Look," Nim said, "I only . . ."

From the bench the commissioner cut in testily, "It’s a simple question, Mr. Goldman. Just answer ‘yes’ or ‘no."’

About to explode at the unfairness, Nim was aware of Oscar O’Brien signaling with a gentle shake of his head. It was a reminder, Nim knew, of the instructions to be patient and resist provocation. He answered with a terse, "Yes."

Birdsong declared, "Now that we have that admission also, Mr. Chairman, I wish the record to show that this witness has a vested financial interest in the outcome of this hearing, and therefore his testimony should be judged accordingly."

"Well, you just put it in the record yourself," the commissioner said, his irritation still showing. "So why not move along?"

"Yessir!" the p & lfp leader thrust a hand through his beard as if in thought, then returned to Nim. "Now then, I have some questions about the effect of Tunipah on the utility bills of ordinary working people, the ones who . . ."

It went on and on. Birdsong concentrated-as he had while cross-examining J. Eric Humphrey-on the suggestion that profit, and nothing else, was the motive behind Tunipah; also that consumers would foot the bill and receive nothing or little in return. What angered Nim, beneath the unruffled surface be struggled to maintain, was that not once were the major, important issues-future power requirements based on growth, industry economics, maintenance of living standards-touched on. Populist froth was being paraded; nothing more. But it would gain attention.

Activity at the press table made that clear.

Nim also admitted to himself that the two-pronged attack-the Sequoia Club emphasizing environmental issues and the p & lfp dwelling on rates and finance, however superficially-was effective. He wondered if there had been liaison between the two groups, though he doubted it. Laura Bo Carmichael and Davey Birdsong were on different intellectual planes. Nim still respected Laura Bo, despite their differences, but he despised Birdsong as a charlatan.

During a short recess, after Birdsong had concluded his questioning, Oscar O’Brien warned Nim, "You’re not through yet. After the other witnesses I’ll want you back on the stand for redirect, and when I’ve finished the other people can have at you again if they want." Nim grimaced, wishing his part were over, thankful that it would be soon.

* * *

Laura Bo Carmichael was next on the stand.

Despite her small, slight figure, the Sequoia Club chairman occupied the witness chair with grande dame demeanor, She was wearing a severe, tailored suit of beige gabardine and, as usual, her graying hair was cut severely short. She wore no ornamentation or jewelry. Her manner was serious. Her voice, as she responded to questions put to her by Roderick Pritchett, was crisp and authoritative.

"We have heard stated in previous testimony, Mrs. Carmichael," Pritchett began, "that a public need for more electrical power justifies building a coal-powered generating plant in the Tunipah area. Is that your opinion?"

"No, it is not."

"Will you explain to the commissioners your reasons-and those of the Sequoia Club-for opposing that construction?"

"Tunipah is one of the few, the very few, remaining natural wilderness areas in California. It abounds with treasures of nature-trees, plants, flowers, streams, unique geologic formations, animal, bird and insect life, some of those features representing strains which have become extinct elsewhere. The region is, above all, magnificently beauti-1ful. To despoil it with a huge, ugly, high-polluting industrial plant, serviced by a new railroad-itself polluting and intrusive-would be sacrilegious, an ecological stride backward to the last century, a blasphemy against God and nature."

Laura Bo had spoken calmly, without raising her voice, which made her statement more impressive. Pritchett paused before his next question, allowing the impact of her words to sink in.

“The spokesman for Golden State Power & Light Mr. Goldman," Pritchett said, "has assured the commission that disturbance of the natural state of Tunipah would be minimal. Would you care to comment on that?"

"I have known Mr. Goldman for a number of years," Laura Bo responded. "He means well. He may even believe what he says. But the truth is: No one can build any kind of a plant at Tunipah without doing tremendous, irreversible environmental damage."

The Sequoia Club manager-secretary smiled. "Am I correct in my impression, Mrs. Carmichael, that you do not really trust GSP&L where that ‘minimal damage’ promise is concerned?"

"Yes, you are-even if that promise could be fulfilled, which it cannot."

Laura Bo turned her head, directly addressing the two occupants of the bench who had been listening intently. "In the past, Golden State Power and most other industrial companies have proven themselves untrustworthy where environmental choices were concerned. When they were left alone they poisoned our air and water, plundered our forests, squandered mineral resources, scarred our landscapes. Now that we live in another era, where these sins are recognized, they tell us: Trust us. Our past mill not repeat itself. Well, I, and many others, do not trust them-in Tunipah or anywhere else."