Sacramento daily record-union., 1883-10-20
NEW FREIGHT RATES.
Reduction OF from 2s to 3s Per Cent.
Proposed-Other Business.

H6W fh6lGdT hAI 80,
Reduction OF from as to 81 Per Cent.
Proposed-Other Business.
Especial to the RECoRD-USIos.
SAN Francisco, October 19th.-The Rail-
road Commissioners held a meeting to-day,
at which all the members were present.
An answer to the complaint of w. ID. Rob-
inson. of Suisun, was filed by Judge McKu'
sick for the Central Pacific Railroad Com
psny, replying to the alleged refusal Of the
railroads agents to transport dental lathe
from Sixteenth street, Oakland. to Suisun.
The answer AYERS that under Section 465 of
the Civil Code the company has right Ito
regulate the time and manner in which pas
sengers and property shall be transported =
that in pursuance of this law the company
has made ruler, one Of which prohibits sta
tion agents from receiving for transportation
property not properly packed; that the
dental lathe, when presented for shipment on
April 7, 1888, was not packed or boxed, and
being a light, fragile machine. it could not
be safely carried without boxing. Therefore
the agent properly refused to take the ma
chine. The answer is sworn to by Freight
Traffic Manager J. G. Stubbs. The consid-
Grafton of the matter was set for the next
meeting of the Board.
A communication from State Controller
Dunn was read by Secretary Andrus, which
brought up the matter of the attorneys fees
in the case Of the Pacific Coast Steamship
Company vs. The Board of Railroad Com
missioners. By resolution, nearly two years
ago. the old Board agreed to pay Belcher Il
Belcher 81, ,000 Chapman & Garter 81. 900.
and Clitus Barbour $500, as fees to defend the
Commission in the United States Circuit
Court. Recently the case was decided ad-
versely to the Commission. the Court holding
that the State could not regulate the freight
and passenger charges of steamers which
piled a marine. league out of any port, as Con.
press had exclusive jurisdiction. After the
decision the bills of counsel for fees were sent
to Sacramento with q transcript OF the min
utes of the Board engaging them. 1t ap'
peared from these minutes that the attorneys
were, in consideration of the sums named. to
prosecute the case TO " final termination"
which means to carry it to the Supreme
Court Of the United States. None OF the at
torneys, it appears, understood such to be
their agreement.
Governor Stoneman, q member OF the old
Board, was consulted. He wrote to Secretary
Andrus that he understood the case was to be
taken to the Court of last resort for the ices
agreed upon. =,
None of the attorneys were present. MIR.
Foote said that all of them had refused to go
on with the case without additional fees, and
if the Board wanted the case appealed other
LAWYERS would have to be employed.
Mr.. Carpenter stated that he understood
the attorneys had held no consultation as to
what further steps ought to be taken in the
case. He preferred to have some concerted
opinion, and offered resolution requesting
the lawyers to advise the Board what steps
were now advisable, and if, in their opinion,
the decision of Justice Field is conclusive of
the issues involved in the case.
The resolution was unanimously adopted.
REDUCTION OF FREIGHT RATES.
The following order was offered by MIR.
Carpenter, who stated its object to be to
allow the railroad companies to make the re-
ductions proposed by the Board in their pres
ent schedules without the trouble of making
schedules. 1t would obviate the necessity of
the B oard employing clerks to make re-
duced freight schedule:
1t is hereby ordered that existing cassifcations
and rates of charge for freight IN straight or mixed
car load lots all railroads and lines OF transport
aton and the several divisions and branches there
Of within this State, owned leased and operated by
the Central Pacific Railroad, shall be and are
changed reduced and established as follows, to wit :
Flrst-For grain, including all the cereals, from
| San Francisco, Port Costa, Stockton and Sacra-
mento, to all other points and in all directions be-
| tween the same, or any OI tiltID, pei
cent less than existing rates prorided, that rates
" in" or from tide water. if not more than twenty
per cent in excess OF rates "out, or towards tide
water, shall remain as they now are.
Second-For flour and mill stuff5 of all kinds IN
sacks OF barrels from San Francisco, Port Costa
Stockton and Sacramento to all other points in the
| State and in all directions between such points,
twenty five per cent. less tt IAN existing rates pre-
rided that when such reduction will make the rate
" in less than the existing rate "out, present
| rates shall prevail,
Third-Household goods, furniture, farming uten
sils livestock, and whatever Is comprised in the
eff sets of family or described as emgrants nova
| bles are included with commodities OF the fourth
class and for transportation in any direction shall
| be subject to the same and no higher rate Of
charge.
Fourth-For grain sacks, bags and bagging, agri-
| cultural implements, wagons and vehicles of all
kinds in all directions and to all points in the State.
| twenty per cent. less than existing rates.
Fifth-Fence wire, iron pipe, bar, sheet and Rus
| sia ron horseshoes and nails OF all kinds shall be
| ard are hereby included with third class freight in
| the existing schedules Of said company, and shall
be subject to the same and no higher rate OF
| charge
Sixth -Blacksmiths Goals and table and dairy salt
are hereby included with commodities Of the fifth
class, and shall take the same rate Of charge.
| Seyenth-Wherever in the existing freight sched-
ues of said company green fruit constitutes spe-
cial class such class is hereby abolished, and all
species OF green fruit included therein shall be
classed with beans, faxseed, mustardseed, broom
corn, hops and California wine in wood and shall
be subject to the aud no higher rate OF charge.
| And whenever in said schedule green fruit is in
cluded with second any higher class of freight it
shall be and is hereby included with freight Of the
third class and shall be subject to the same and no
higher charge.
Eighth-It is further ordered that certified copy
hereof shall be Immediately served said COM
pany and, if within three days after such service,
said company shall file with the Secretary OF this
Commission written waiver Of aseparate schedule
and of a printed copy thereof, and shall specify
therein the time, not exceeding twenty days from
the date OF said service, within which said changes
of classes and reductions of rates will be made and
put in force then, and in that case, said company
may make such changes Of classes and reduction Of
rates In its existing schedules and by such circulars
to agents and in such form aud manner, subject to
lawful publicity shall be most convenient for in
spection and use and such changes and reductions
shall be made in the same form and manner by the
| Secretary Of the Commission in the schedules OF
| said company now on file in this office, and shall
| take effect accordingly.
Mr.. Carpenter explained that owing to in
| eongruities the order abolished the special
| class for green fruit. On the Central and
Southern Pacific roads the order would make
| reductions from 25 to So per cent. on the
present rates charged for freight.
Mr.. Foote asked if the law did not require
the Board to make its own schedule be
also inquired if the order was drawn to
| avoid the obligations imposed by the stat
ute :?
Mr.. Carpenter-I do not hesitate to say
that without a written waiver the law re-
quires US to make our own schedule, but l
think a written waiver would be legal 1t
stands on the same ground as waivers in other
cases.
Mr.. Foote-The point is whether at some
subsequent time the railroads could not ap-
peal from the schedule on the grouRd that it
had not been adopted according to law.
Mr.. Carpenter-It seems to me written
waiver would bar such an action. If the rail-
roads consent to make the reductions willing
ly it will be very convenient way for ls to
make them.
Mr.. Foote-Well, don't wish to vote for
the resolution until have time to look into
these questions. understand this order is
the one the Secretary has been at work upon
Mr.. Carpenter-Y sir. I have no doubt