Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-06-27
REGULATION By COERCION.

The essence Of ownership Is the right of
control Without it possession is q mock
cry. When "regulation eliminates con-
troll of property by the owner, oonfscation
begins, and that entered upon, however
cunningty disguised by the ssphisms of ap-
parent justification, the vital principles of
a republican form OF government are as
sailed. California is entering upon such
az era, and Ii is signalizsd by The adoption
of "fares schedule" by the Transpofta-
ton Commissioners for certain distinct
lively selected railroads, to the omission of
others.
This schedule is opposed TO all the eco,
nomic principles of commercial law, and is
alike bad for the people and the railroads.
It Is bad, also, because of the methods EN-.
ployed to secure its adoption. In a peace
full revolution California changed her meth.
od,, and in some respects her form of gov.
eminent, by the adoption of a new
Constitution expressing the concrete jadg-
ment and will Of the people. 1t became
the highest expression of the law.making
power, the essential essence of the
will Of the voters of the State. By
this instrument tribunal, popularity
known as Che Railroad Commission, was
erected, with functions independent of all
other departments of the Government, and
yet having the characteristics Of each
greater than the executive, less restricted
than the legislative, more fsr-reaching than
the Judicial, more arbitrary in power than
any despotism among civilized peoples a
type of monarchical institutions thrust
into republic.
1t was constituted by the people TO act
for them. To it they delegated all the
power they possessed, and even sought to
give far more. They erected this tribunal
TO regulate the equities between the
shipper and carrier to Judge for
them, the people, and they distinctly
surrendered their right TO review its
Judgment. They provided that its
judgments should be deemed oonclusively
Just and reasonable; they made the
judiciary its servitor to enforcs it's de-
crees, and deliberately cut off the sacred
right of appeal from its adjodications. In
no instance has severer tension been applied
to republican institutions.
When, therefore, Fictitious clamor was
raised TO coercs this an.poweriul tribunal,
vested with such unprecedented authority,
into hasty, illconsidered and unjust &C.
tiop, the whole fabric of the Constitution
was shaken. Tho Commission has not
adopted the new schedule, but force has
promulgated it. Il is the outcome Of the
dangerous doctrine that the railroads do
not belong to their shareholders. L flies in
the face of the guarantee of The C9nstitu-
ton of equal protection to eli, and substi-
tutss the new doctrine that a class Of pro-
duoers-who do not pay transportation
charges, iuasmuch as they informally visit
them upon the Communicative the right
to dictate to constitutional officers, accord.
ing TO the caprice of their own bounding
ambition, It is, in brief, an appeal from
regulation by governmental methods. to
regulation by coercive public sentiment,
assumed to be voiced by those having
greatest interest in the latter method.
No dispassionate observer can view such
state of affairs without discovering por.
tents of evil Where viii this new doc
trine lead us? A few men, falsely assum.
ing to speak for all the people few men
who are demsgogues of the most danger
GUS order, for demagogical purposes, by
threats, intimidation, assault, appeals to
passions, prejudioes, the bsser motives,
and by other coercive and unholy methods,
have forced from s constitutional tribunal
Judgment, not such IS the lawmakers
contemplated, not one formed after due
elaboration, examination ard Judicial
weighing Of all ths factors involved, but q
Judgment responsive TO the threat OF the
mob; 3 judgment claimed to be in favor Of