Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-18
RAILROAD FARES.
The commissioners Bates accepted Under
Protest.


Protest.
The new schedule Of railroad rates for pas
senger carriage go into effect tomorrow, the
Central and Southern Pacific Railroad Com.
panies having notified thu Railroad Commits
sioners Of their acceptance, but under protest.
General Manager Towne, CT the Central Pa
oihe Railroad Company and leased lines, has
fled with the Commission the following pro-
test
To the Honorable. the Board of Railroad
Commissioners Of the State Of Calif0raia-
GEHTLEMEs On behalf of the Central Pc
cifc Railroad Company have the honor TO
acknowledge the rscsipt OF copy Of the
order adnpsed by your honorable boy on
the 26sh day OF June, ulsimn, prescribing the
rates of passenger fares On the system Ct rail
rosds owned ard leased by It.
The order establishes 3 maximum OF six
CENTS per mia on tbs de7ert and mountain
portions Of the system, and four cents per
mile in the valley districts, aud adopts oil
lower rates now changed by W.
This official 0rder works many radical
changes in the rstea Of passenger transporta-
ton. and we respectfully eater this, our col
emn protest. BgaingG its enforcement, and Tor
submit the following:
GROUNDS OF PROTEST.
First-The State If California, neither
through its Legislature nor through you, its
Board Of Railroad Commissioners, has juris-
diction to regulate fares and freighis upon
either the Central or the Southern Pacific
Railroad. Both of these roads, rs you are
aware, have been constructed under Acts OF
Congress-ths former under the Act OF Cor
gfess OF July !, 1862. in relation 80 the
Union and Central Pacific Rsilroads-she lat
ter uoder two Acts of Congress, to-wi5 the
Atlantic and Pacific Railroad act OF July q,
1866, aud the act IA relation to the Texas
and Pacific Rsilway Company, Of Maroh3
1871 By tue 18Th section Of the first OF
said Acts. Congress reserved 60 Itself the
power TO regulate fares and freights upon the
Central Pacific Railroad after the income Of
said road should exceed ten per cent. Ipon
the COST Of Its construction, exclusive Il the
five psr csn,um REQUIRED 10 be paid by the
company to ths UniFed S stes in liquidation
Of the losn made by the United States TO it,
and 10 the meantime authorized the company
to establish i5s Gwn rates.
BY the 18Th section Of the secand Of said
Acts it was provided that the Directors Of
the Southern Petite Railroad Company
might, from tine to time, fix, dste;miue and
regulate the fares, tolls and charges to be rs
eeived and paid for transportation Of persons
and property % its read or any part thereof.
The fifteen SECTION of the third and last of
said Acts provided that the rates charged for
carrying pss3euger5 and freight per mile shall
not exceed prices which might be fixed by
Congress for carrying passengers aud freight
on the UaiOn Pacific ard Central Poetic
Railroads; and by she nineteenth oecion
thereof It was further provided that 30 act of
the Company, nor soy law Of any State or
Territory should impede, delay or prevsnt
the Company from peFforning its obligations
70 the United States.
JURISDICTION RESERVED BY CONGRESS.
Thus is appsa-s that Congress has reserved
20 itself full and complete jurisdiction over
the regulation OF fares and freighss. upon
both ste roads in question, snd has already,
IL d MEASURE, exercised such Jurisdiction. To
this jurisdiction, on the part of the National
Government, the State OF Californis, by
solemn acts Of its legislative body. has fully
assented, If such ASSET was necessary, which
we deny.
Said Acts vera dictated by wise policy en-
the part Of Congress. The purpose OF Con-
grsss in the passage Of said Acts was 20 pre-
mote the settlement and development Of the
country, and TO 6tiBlulate and encourage the
construction of lines of communication be-
tween all parts Of the National domain.
The action proposed by you, and against
which we protest, ia at variance with this
broader policy of the National Government
indeed, It viii prove, II enforced, the reversal
of the policy, by arrest;ng the construction of
transportation lines, aud thereby retsrding
the development Of Che national resources,
and delaying the progress of civiliz alton.
Second-The rates proposed to be estsb-
lished by this order will supplant and uullifg
schedules for passenger transportation, in all
respects just aud reasonable to the public and
equitable 30 our roads,
Third-The order 10 an unlawful interior
enee with that liberty of action which al en-
lightened Governments are bound to accord to
their citizens.
Fourth-Ths rates established by US, and
which the enforcement of the order viii
modify and supplant, 90 not constitute an
abuse calling for remedy by the Interpolation
Of the legislative. executive or Judicial func-
tious, alleged by come person., but denied
by others, 60 be vested in your honorable
body.
Fifth-The rates established by US and pro.
posed 90 be- abolished by your order, were
produced By the natural, reciprocal relation
OF the lower with the high rates subsisting
and n farcs upon the vaiious portions Of our
railroad System.
Sixsh-Is il undenisb!e that ths standard
from which the reductions Of maximum rates
were made by you vas that adopted by us.
But in utter disregard OF the reasons iofiuenc-
ing tho establishment Of maximum rates and
the relation OF minimum rates thereto, you
have reduced the maximum without per-
hitting an increase Of the minimum rates
with which such maximum rates were CORE.
lated when the scale Of rates was established
by Us.
THE SWEEPING SCHEDULE.
F. q -
eral grounds, that there is no well founded
justification for reductions, which, in the Ian
guage of one of the members of your honor
able body. "are probably the most sweeping
ever made by one sohedule,in any State, and
because the order is largely due TO uuinformed
aud unreasoniug clamor on the part of per-
sons absolutely ignorant of the equitable prin-
ciples upon which transportation services
should be rendered
Eighth-We further protest, because, dur
ing thu invessig atoms end proceedings which
have culminatsd in the order il question, IN
due weight has beea given TO the ofsrepeated
presentation that the roads singled out
for regulation were constructed st the public
expense, while, in fact, every one at all fauil-
lar With the legislative history of the country
Rfll knows thst they we're constructed under
ccnracts made between Their builders sud the
United States, Of the earnest solicitation, and
with the eager anu uHQ uanueO SepiOOAbiOu VI
the State of California.
Ninth-We further protest, because your
tribunsl-judicisl, legislative and executive
in its charscser-uuising, therefore, those
powers which modern statesm anship has
wisely assigned TO separate departments of
government, in respect to all citizens. except
such as are engaged in the business of traus-
portstion-has been made the forum OF IN
challenged and unrebuked falsi6cations and
disgraceful attempts at coercion.
OBSERVERS OF THE AGITATION.
OF the "agitstion which has preceded
the definite action of your Commission, we
have been careful observers. We have noted
the varied and ingenious agencies which have
been active in Influencing the conclusions TO
be reached by your honorable Board. County
committees have assumed TO dictate to you
the exact manner in which the functions Of
your Office should bs performed. Presmbles
and resolutions, prepared and adopted with
out regard to law or logic, but always deuun-
eiatcrY Of "recFsant Commissioners" have
been formulated by aspiring plsce-hunters,
and given prominence in the columns of q
press uncer tbs influence or control of selfish
scheu5ers, whose only desire has been, or is,
to promose individual aggrsndizemsnt.
Public meetings have been called, which,
IN view of the number and character of the
persons present, vera o rebuke to their pro-
motecs. An uuprincipled and communistic
press exaggerated the importance Of these
gatherings, and industriously msguifed the
numbers in attendance.
There county committees and public meet
inrs have represented to the Chief Executive