Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-01-11
RAILROAD COMMISSIONERS REPORT.

The Constitution of the State of Califor.
MIA requires that the Railroad Commission
shall report to the Governor annually its pro.
ceedings and such other facts as by them may
be deemed important. The majority report
for 1888, signed by Commissioners Carpenter
and Humphreys, has been filed with the
Chief Executive, and is now in the hands of
the State Printer. 1t has No resemblance to
the reports Of former Commissioners, is vo.
luminous full Of details, and in fact is a
complete history of each and every one of their
official acts during their term of Office. 1t ia
also replete with arguments in defense Of the
action of the majority Of the Commission, who
by this means endeavor to set themselves right
before the public. All the meetings of the
Board with the railroad people, the commu-
niestions and official statements made by the
latter, and which from time to time have
been published and commented upon by
the press throughout the State. are included
in their report.
They cay they have arrived at the follow
ing conclusions of law upon principles of
adiudged cases:
For obvious reasons the Commission has given
due precedence and prominence to the law by which
II was created and must be governed. In doing so
IL HAS own legal status and
sphere Of action, and to solve the puzzing and
irrelevant problems into which its powers and du-
ties are too often resolved. Generally and briefly
its conclusions as follows:
First-it Is a constitutional tribunal, with well
defined official functions, TO be exercised subject
only to the requirements of law, with becoming in
dependence and lmpartiaity in the interest of all
concerned.
Second-Its judicial power to hear and determine
complaints presupposes parties of record, to be
heard, and specific issues between them, to be de-
termlned and is TO be exercised in the same
ner and to the same extent by Courts Of rec I'd"
Third Its remedial powers and duties relate ex-
cusveiY to rates OF charges for fares and freights
and when regularly exercised in the mode prescribed
its decisions prima facie Just and reasonable"
FOurth-TO make them in fact what they pre-
sumed TO be, they must, without preference of per-
son or corporation, be based upon the varying con-
ditions OF the service, and be a reasonable recon-
pense therefor.
Fifth-Ths is the rule of compensation for Gov
ment service incorporated in the Acts Of Congress to
aid the construction OF the Central Pacific and other
overland roads, and estops the Government and
J0rtiOri, all other parties from discriminating
against them in payment for transportation thereon
SiXth-The circumstantial and conditional factors
OF transportation are the admitted and necessary
crerlons Of its cost and value, and each and all
of them inconsistent with any theory Of uncOndi-
tional uniform rates Of fare and freight.
Seventh-Tc impose such rates upon the Central
Pacific Company and the leased lines under Its man
agement, at rentals ranging from 500 to 50 1914 per
lules NOuIu Ue 10 MAKE some OF them b3ukrupt
pensioners upon others convert relations beneficial
to all into penalties upon such as have the least to
gain by them-tO substitute for reasonable cOmpen-
sat0n rule Of rank nju5tice, subject to which not
one of them could have been constructed; and to
arrest their extension to districts in squalid want Of
them, upon the mere pretense of favorng those who
have them.
After reviewing the proceedings of the
Board fer the year past, the report closes as
follows:
The Constitution permits, and therefore Intends
OF opinion and action in this office. 1t
nevertheless provides against irresponsible and dis
tracing opposition. 1t says: q" The act Of major
ity of said Commissioners shall be deemed the act |
of said Commission CART. NIL, Sec 22). By re- |
quiring an annual report it very properly makes |
each administration entirety, and couples with |
its responsibilities the rightful exercise of undivided
power. The Commission therefore, in preparing !
this report as its own act, emitting only inconse- |
quental talk and disputatOn, has dwelt npon the |
weightier matters of the law and its requirements
Conscious Of mistakes, but avoiding responsible |
ity, 1t has endeavore1 to present very full record
of the years transactions The printed copies OF |
resolutions, orders, decisions and rulings and other
have been compared with their originals |
on file and of record and used thus condensing the
manuscript and facilitating reference.
The theories and practice which make railroad |
the subject Of careful study, and con
servatiye control, not new in this year and in
this Office. The first transportation Commission Of
this State, in its last report gave them its unqua
fed and repeated approval. With a much ripper |
experience than our Own, it said "The subject |
must be approached step by step and the way care
fully studied as we proceed. In this conclusion !
every railway commission in the UIiQn concurs. |
That this Commission came 10 the same !
conclusion at the beginning of its present tenn is
perhaps merit OF its own. As a tried and trusted !
eN-Commssioner Of Iowa has truthfully said, only |
freshmen, by Overe5timate of themselves ever |
held any other opinion. And it may be doubted if |
any conscientious officer approached the sub
iect with intelligent estimate OF its real magni-
tude and Of the growing and enduring interests it
involves who did not speedily discover and confess
the duty and necessity of research and reflection
As only steps thus taken progress, and only |
proceedings thus matured can should be enforced
the Commission mas found 10 them lis best policy
and highest duty. The first order of business
therefore, to consider and formulate its methods
These have been illustrated by the resulting orders
decisions and official acts outlined in this report
The only object of their exposition has been to sub
init the record of accomplished facts with some of
the reasons therefor. To the extent that they
consistent, consecutive and advancing results Of
safe, practical and effective modes Of procedure,
they are good beginnings and precedents for pro-
gressive and continuous work. To this there is
practically no end and in the long run it is the best
test Of the processes by which il IS prosecuted. For
the Commission therefore, there is alternative
but to pursue its work by the methods adopted,
subject to the inadequ tie means at its command
and to such impro ements as may come from further
experience and information.
The results thus obtained will be the subjects Of
future reports. Respectfully subuitted
G. j. CARPENTER,
President Board Of Railroad Commissioners State of
California.
WIS. P. HUMPHREYS,
Railroad Commissioner Second District, California
Attest: W. r. ASDRUs Secretary Of the Board
It is understood chat Commissioner Foote
will file minority report within the next ten
days