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remember I am asking the questions. Now let's move on. I have a second

photograph for you-and the commission ers-to look at."

While Nim fumed inwardly, Pritchett returned to the counsel table and

this time selected a color photo. He handed it to Nim. As before the

clerk passed out other copies.

Although Nim failed to recognize the specific scene, he had no doubt

where the second photo was taken. It had to be Tunipah, at or near the

site of the proposed generating plant. Equally obvious was that the

photographer was a skilled professional.

The breathtaking beauty of the rugged California wilderness bad been

captured under a clear, azure sky. A stark, rocky promontory towered over

a stand of majestic pines. Near the base of the trees was dense foliage,

in the foreground a racing, foam-flecked stream. On the nearer bank of

the stream a profusion of wild flowers delighted the eye. Further away,

in shadows, a young deer had raised its head, perhaps startled by the

photographer.

Pritchett prompted, "A truly beautiful scene, is it not, Mr. Goldman?"

"Yes, it is."

"Do you have any idea where that photograph was taken?"

"I presume it was Tunipah." There was no point in playing games, Nim

decided, or in delaying the point which sooner or later Pritchett was

going to make.

"Your presumption is correct, sir. Now I have a further question."

Pritchett's tone sharpened; his voice rose. "Does it disturb your con-

science that what you and your company propose to do at Tunipah is

superimpose this, this hideous ugliness"-he waved the coal pile picture

in the air-"upon this serene and glorious beauty"-now he held up the

second, color photo-"one of the few remaining unspoiled sanctuaries of

nature in our state and country?"

The question-posed with dramatic rhetoric-produced a hum of approval from

spectators. One or two applauded.

Nim answered quietly, "Yes, of course it disturbs me. But I see it as

necessary, a compromise, a trade-off. Besides, in proportion to the total

area around Tunipah . . ."

"That's sufficient, Mr. Goldman. A speech is not required, The record

will show that your answer was 'yes."'

Pritchett paused briefly, then returned to the attack.

"Is it possible that your journey to the State of Colorado last weekend

was undertaken because your conscience bothered you, because vou had to

see for yourself the ugliness of huge quantities of coal-tbe kind of

quantities there would be at Tunipah-imposed on what was once a beautiful

landscape?"

171

Oscar O'Brien was on his feet. "Objection!"

Pritchett swung toward him. "On what grounds?"

Ignoring Pritchett, O'Brien addressed the bench. "The question has

twisted the witness's words. Further, it presumes a state of mind which

the witness has not admitted having."

The presiding commissioner announced blandly, "The objection is

overruled." O'Brien subsided, glowering.

"No," Nim said, addressing Pritchett, "the way you put it was not the

reason for my journey. I went because there were technical aspects of a

coal-fired generating plant I wished to review in advance of these

hearings." Even to Nim, the reply seemed unconvincing.

Pritchett observed, "I am sure there are some here who will believe you."

His tone declared: I don't.

Pritchett continued with other questions but they were anticlimactic. The

Sequoia Club, through its shrewd use of the contrasting photographs, had

scored heavily and Nim blamed himself.

At length the club's manager-secretary resumed his seat.

The presiding commissioner consulted a sheet in front of him. "Does the

organization 'power & light for people' wish to question this witness?"

Davey Birdsong responded, "It sure does."

The commissioner nodded. Birdsong lumbered to his feet.

The big man wasted no time on preliminaries. He asked, "How did you get

here?"

Nim looked puzzled. "If you mean whom do I represent.

Birdsong snapped, "We all know who you represent-a rich and greedy

conglomerate which exploits the people." The p&lfp leader slammed a meaty

hand on a ledge by the witness chair and raised his voice. "I mean

exactly what I said: 'How did you get here?"'

"Well . . . I came in a taxi."

"You came in a taxi? A big, important wheel like you? You mean you didn't

use your personal helicopter?"

Nim smiled thinly; it was already obvious what kind of interrogation this

would be. He answered, "I don't have a personal helicopter. And I

certainly didn't use one today."

"But you do use one sometimes-right?"

"On certain special occasions . . ."

Birdsong cut in. "Never mind all that! You do use one sometimesyes or

no?"

"Yes."

"A helicopter, paid for with the hard-earned money of gas and electricity

consumers in their monthly bills?"

"No, it is not paid for in utility bills. At least, not directly."

"But consumers pay indirectly-right?"

"You could say that about every piece of working equipment .

172

Birdsong slammed his hand again. "We're not talking about other equipment.

I'm inquiring about a helicopter."

"Our company has several helicopters which .

"Several! You mean you get a choice-like between a Lincoln and a Cadillac?"

Nim said impatiently, "They are mainly for operational use."

"Which doesn't stop you using one when you need it personally, or think you

need it-right?" Without pausing for an answer, Birdsong reached into a

pocket and produced a newspaper sheet which he unfolded. "You remember

this?"

It was Nancy Molineaux's article in the California Examiner, published

shortly after the press visit to Devil's Gate Camp.

Nim said resignedly, "I remember it."

Birdsong read out details of the newspaper and date, which the stenotypist

recorded, then swung back to Nim. "It says here: 'Mr. Goldman . . . is too

important to ride on a bus, even though oneprivately chartered by Golden

State Power-was going his way . . . and had plenty of spare seats. Instead

he chose a helicopter . Birdsong looked up, glaring. "Is all that true?"

"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 Wotsisname 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."

173

"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 Tunipab, 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?"

174

"Yessir!" Tle 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