Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-07-24

Woodford has done we'll and wisely not to /
attempt to controvert it as between me and |
himself"
REGULATING RAILROADS.
The Provisions of the New California Com
!, stitutiOn.
We call special attention to the provisions
IF the constitution of California regarding
These provisions have an inn
portant bearing upon the questions discussed
Tuesday in the convention assembled at the
capitol to advise some plan to relieve our
people from the danger that threaten them.
The following are the provisions:
ARTICLE TO-
Section II. All railroad, canal and other
companies are declared to be
common carriers, and subject to legislative
control. Any association or corporation. or
ganized for the purpose under the laws of this
State, shall have the right to connect at the
State line with railroads of other States. Every
railroad shall have the right with it's road to
lntersect, connect with or cross any other rail-
road, and shall receive and transport each
the other passengers, tonnage, and cars, with
out delay or discrimination.
Sec. Is. No president, director, officer,
agent, or employe of any railroad or canal COM
Pany shall be interested, directly or indirectly,
in the furnishing of material or supplies to
such company, nor in the business of transpor-
tation as common carrier of freight or passen-
gers over the works owned, leased, controlled,
or worked by such company, except such in
terest in the business of transportation as law
S,r1r Q1sv Er<.- ~
Sec. Is. No railroad or other transport ation
company shall grant free passes, or passes or
tickets at q discount, to any person holding
any Office of honor, trust OF profit in this State;
and the accordance of any such pass or ticket,
by member of the legislature or any public
officer, other than railroad commissioner, shall
work a forfeiture of his office.
Sec. 20. No railroad company or any other
common carrier shall combine or make any
contract with the owners of any vessel that
leaves port in this State, or with any
common carrier, by which combina-
ton or contract the earnings of one doing the
carrying are to be shared by the other not do
ing the carrying. And whenever railroad
corporation shall, for the purpose of compet-
ing with any other common carrier, lower its
rates for transportation of passengers or
freight from one point to another such reduce
ed rates shall not be again raised or increased
from such standard without the consent of the
governmental authority in which shall be
vested the power to regulate fares and freight.
Sec. II. No discrimination in charges or ia
ciities for transportation shall be made by any
railroad or other transportation company be-
tween places Or persons, or in the facilities of
the transportation of the same classes of freight
or passengers within this State, or going from
or going to any other State. Persons and prop
erty transported over any railroad, or by any
other transportation company or individual,
ho o1 nrn1 OF ko<11
port. at charges not exceeding the charges for
the transportation of persons and property of
the same class, in the same direction, to any
more distant station, port or landing. Excur-
sion and communication tickets may be issued at
special rates.
three districts as nearly equal in population as
practicable, in each of which one railroad com
missioner shall be elected by the qualified cleo
tors thereof at the regular gubernatorial cleo
tions, whose salary shall be fixed by law. and
whose term of office shall be four years, COM
mencing on the first Monday after the first day
of January next succeeding their election.
Said commissioners shall be qualified electors
Of this State and of the district from
which they are elected, and shall not be inter
ested in any railroad corporation, or other
transportation company, as stakeholder, credi-
tor, agent, attorney or employee; and the act of
q majority of said commissioners shall be
deemed the act of said commission. Said CON-
missioners shall have the power, and it shall
be their duty to establish rates of charges for
the transportation of passengers and freight by
railroad or other transportation companies, and
publish the same from time to time, with such
changes as they may make; to examine the
books, records and papers Of all railroad and
other transportation companies, and for this
purpose they shall have power to issue subponas
and all other necessary process to hear and deter
mine complaints against railroad and other
transportation companies, to send for persons
and papers, to administer oaths, take testi-
mony, and punish for contempt of their orders
and processes, in the same manner and to the
same extent as courts of record, and enforce
their decisions and correct abuses through the
medium of the courts. Said commissioners
shall prescribe a uniform system of accounts
10 be kept by all such corporations and COM
panies Any railroad corporation or Transport
tation company which shall fail or refuse to con-
form to such rates as shall be established by such
commissioners, or shall charge rates in excess
thereof or shall fail to keep their accoants in
accordance with the system prescribed by the
commission, shall be fined not exceeding twenty
thousand dollars for each offence, and every
officer, agent, or employe of any such corpora
ton or company, who shall demand or receive
rates in excess thereof, or who shall in any
manner violate the provisions of this action,
shall be fined not exceeding five thousand dol
AoAS3 ~ Oo ALL pAAaOueO III Ouc COUNTY jail nOb
exceeding one year. LII all controvel sizes, civil
OR criminal, the rates of fares and heigh,s es-
tablished by said commission shall be
deemed conclusively just and reasonable, and
IN any action against such corporation or
company for damages Sustained by charging
excessive rates, the plaintiff, in addition to the
actual damages, may, in the discretion of the
Judge or jury, recover exemplary damages.
Said commission shall report to the governor,
annually, their proct edings, and such other
in this section shall prevent individuals from
maintaining actions against any Of such COM
panies. The legislature may, in addition to any
penalties herein prescribed enforce this
article by forfeiture of character or other
wise, and may confer. such further powers on
the commissioners as shall be necessary to en-
able them to perform the duties enjoined on
them in this and the foregoing section. The
legislature shall have power, by q two-thlrds
vote of all the members elected to each hOuse,
to remove any one or more of said commission
ers from Office for dereliction of duty or cor
ruption or incompetency, and whenever from
any cause vacancy in office shall occur in the
said commission the governor shall fill the
same by the appointment of q qualified person
thereto, who shall hold office for the residue of
the unexpired term, and until his successor
shall have been elected and qualified.
WINNIPEG.
Bridge Misunderstanding Indians in the
Vicinity of Battleford-si Sitting Bull Max
ing Trouble by Raidtns Across the Bor-
der-Grave Complications Feared