Daily Los Angeles herald., 1878-03-29
gos Auseles Aeyald.
PREIGHTs AND FARES FIzzLE.

The Senate Amends and Passes the Hart Bill
Tho Railroad Element in Largo Ma
jority Interesting Debate.
All railroad bills were on Monday
afternoon considered In Committee
of the Whole.
Assembly bill SAL (Harts bilD
was read by sections. The only
important amendment by the Sem
ate Committee on Corporations was
to strike out Section II, which au-
thorizes the Commissioners to in
vestigate the cases of excessive and
oppressive charges. The amend
ment provides for joint investiga-
ton by the railroad and Commits
sioner, and a report to the Govern
or, the object being to have conclu.
sions amicably reached.
Mr.. Smith-This section which
the committee recommend to be
stricken out is the only one single
section in the whole bill, from the
beginning to the end, that imposes
any sort of restriction on the rail-
road company. The section pro-
posed to be stricken out is as fol-
lows "If any warehouse man,
shipper, or other person, shall ut
any time complain to the Commits
sicner of the rates established by
any railroad company for trans
porting freight or passengers to or
from any point of transportation, 1t
shall be the duty OF the Commits
sioner, upon giving due notice in
writing to such company of the
time and place for hearing the
same, to investigate such COM
plant, and, uren the hearing
thereof, the Commissioner shall
make such reduction Of such rates
as may be just"
The Committee rose and the
amendment was adopted by the
following vote:
Ayes-Bones, Boyston, Brown of Ell Do
RADIO, Brown of Amador, Coleman, Craig,
Crane, Evans, Flint, Goodwin, Raymond
Hilborn, Lewis, McCoppin, Murphy OF San
Francisco, Pierson, Rogers, Searls, Shirley
Donovan-20,
Noes-Boring, Curtis, Dean, Fowler
Howe, Montgomery, Murphy Of SAINTS
Clara, Nunan, Ream, Satterwhite. Smith
II.
The bills were then reported
back to the Senate. and Smith o
Los Angeles spoke at length upor
rne bills. He made very eX
tended argument to show that there
was no Inconsistency between til,
report of the Railroad Commits
sioners and their bills; that tn
bills were not an afterthought, AM
that there was necessity for thei
passage; that necessity was ap
parent for a reading of the repor
of the Commissioners, and that TO
every section in the bills there wa
corresponding suggestion in th
report. In regard to the Hart bill
he said there was not single sec
ton that imposed any restriction
whatever on the railroad company
There was one provision whicl
might restrict it, but even tlat ha'
been stricken out upon the sugges
ton of the Committee on Corpora
tions. He was astonished that sucl
bill had passed the Assembly
containing, as it did, not one singl
provision that will protect the PEG
pie against Discrimination, eXcep
the one which the committee ha
seen fit to reject on the ground @
unconstitutionality. The provis
ion referred to might be uuconsti
tutional, hut he would prefer to hav
had it retained in the bill in orde
that he and his follow Senator
might return to their constituent
and point to it as an attempt t
give the people some relief in tn
premises. The speaker referred t.
the fact that Hart had beef
charged with not being the rea
author Of the bill, but that it wa
the work of a railroad lawyer. HI
was inclined to believe thes'
things, and read from the speech o
Mr.. Hart to show that the gentle
man had no real knowledge of The
contents of the bill which bore hi
name. He advocated the substitu
ton of the system of accounts pro
posed by the Commissioners t
that of the Hart bill. He sug
gested another amendment to tn,
effect that tariffs should not b,
raised from what they now are
since important reductions hat
been made especially in favcr o
Stockton, since January |, 1878, tn
date fixed by the bill under con
sideration. The passage Of the bill
would be worse than useless, and i
would be better to have no legisla.
ton at all, hut to let the present
Commissioner system remain as il
is. He hoped the bill would be
defeated.
In the course OF the debate whicl
followed, Mr.. Raymond said he
would vote for the Hart bill, mo-
that it at all suited him, but be
cause he had had conversation
with one of the Commissioned
whom he highly respects, and who
said nothing else could pass and il
would tend to keep the question be
fore the people.
Mr.. Smith-Will the Senator al
low me to correct him? There i,
not one of the Commissioner that
is not opposed to that bill. Com
missioner Doyle writes the Chair.
man of the Committee on Corpora
tons. He said as the Hart bill
came before the Assembly, he sup
posed that would be adopted, and
recommended certain changes.
do not understand that he approved
it. l believe, on the contrary, he
is opposed to it; does not think 1t
affords any adequate measure for
redress at all.
Mr.. Haymond-I bad a CONVEX
sation with one OF the Commits
sioners the other day on this SUBJ
ject, and he is one whom 1 estee m
very highly. 1 don't wish to name
him.
Mr.. Smith-Will the Senator al
low me to interrupt again? / pre-
fer that the name be mentioned. 1t
was Commissioner Smith who
stated to him that it was better