Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-01
THE LEGISLATURE.
SENATE.

Mcclure and Cross were granted one days
leave of absence
Fresno, asking for the passage of Il law provid-
ing for uniform license tax. Referred to the
Judiciary Committee.
Chandler presented petition from citizens of
Sutter county, asking for the passage of the
Barry bill
Foster presented petition from citizens of
Colusa county on the same subject, and asking
that the number of Railroad Commissioners be
increased to five, all to be elected at large.
Assembly Bill No. II, relative to the Railroad
Commissioners, was read by title and referred
to the Committee on Constitutional Amend
mentS.
The supplemental appropriation bill, provid-
ing for additional expenses of the extra session,
was read a second time.
The Senate then took up Assembly Bill No. 10
(the Barry bill). Brooks amendment TO Section
being under consideration, Kellogg spoke in
its favor. He could imagine nothing that would
be more in the interest of the great railroad
corporation OF this state than the original sec
ton. ItwaS calculated to stop the building of
all other roads The small railroads cannot be
extended without the aid of outside capital, and
no man outside the State would invest II dollar
in them If the original section be adopted He
instanced the case of the Nevada and Oregon
Railroad, starting from Reno, Nev., and in
| tended to penetrate Plumas and other northern
counties of this State, and on which work was
lately suspended because of the possibility of
hostile legislation. That company is
incorporated i'll the State of Nevada,
| and under the section it cannot
operate in this State without also incorporating
here and he knew it 10 be the determination of
the Eastern men whose capital is invested in
that road not to build another mile if the Legis
lature of this State should pass such measure
as is contemplated by Section of the original
bill. Its passage would be Il blow at the very
hearts of the workingmen of this State. His
section was rich in mining and agricultural re-
sources, which cannot be developed without
railroad facilities. The people there are anX-
ioIlSly awaiting the coming of railroads hther.
an b. IN frpp
their rights by passing such Il law rs Section 1
contempluteS
Spencer of Napa denied that the advocates of
the bill desired to keep foreign capital from the
State. He claimed that the section under con
sideratiOn, if adopted would have no such eff
feet. He gave his Interpretation of the section,
and spoke at length III favor of its adoption.
arguing that the effect of the proposed amend
ment would be to give the railroad incorpora-
tionS the right to evade the processes of the
State Courts and 90 TO the Federal Courts with
their litigation.
Whitney addressed the Senate as follows on
the subject
Mr. President We can hardly oversate the
Importance of the question now before the Sen
ate. Owing to the prevailing diStemper on the
subject of railway management, the relation of
those great highways to the prosperity of the
people Is not properly appreciated. The unwise
Z and eNactlng course too frequently manifested
by the great railway corporations has undoubt-
edly given occasion and excuse for much OF the
present lack of harmony between them and the
people. lhlS Is apparent to every one except
their managers Perhaps the sudden acqusi-
tion of enormous wealth and its accompanying
power have caused them to forget that they are
operating great and public and governmental
agency that, like every other such agency, it
should in all its dealings act nobly benetcently
and generously Like the blessings of heaven,
they should fall evenly upon the evil and the
good the Just and the unjust. Personal faYOrit-
ism partiality and discrimination between per-
sons is as much out of place with them as il is
possible in the moral government of the world.
The Republican party of this state has fully
recognized these facts and has uniformly and
frankly pronounced its condemnation against
I unjust determinations excessive charges and
all unwise and illegal assumptions of independ-
ence of State control, and resistance of the just
burdens of Taxation, which have given Just oc
casion to popular murmurings, and even made
many honest people look upon railroads rather
us instruments of oppression than what they are
the most magnificent achievements OF this
marvellous age.
In the recognition of railway abuses the Re-
publican party has been in no respect behind
the other great party of the State but with
conservative intelligence ii has sought to REM
edy the abuse, and not in blind and revengeful
malice TO Smite the abuser 1t has recognized
to the full that the munifcent gifts lavished
with prOfuse and too unthinklng prodigality by
the people in its days of weakness have merited
a more grateful recognition from IL creature of
its bounty. While these governmental agencies
have received millions on millions of acres of
the public lands, the Republican party has
shared the sorrow, nay even the anger. aroused
by rapacity that would not respect the home
stead and humble possessions acquired in good
faith by the hardy pioneer and struggling i'm
migrant. To-day as | stand here, a Republican
in every fiber of my body and every motion of
my mind, ! feel that | should not express the
sentiments of that great party were not to con-
demn those acts of the great railway corpora
tions, which have given occasion TO much of the
present irritation and discomfort, and have
called us TO these halls. For all such acts, and
for oppression and abuse of power wherever
manifested, the Republican party has only un-
qualified condemnation.
Let it not however be supposed that forget
that even just causes of complaint may be mag
nified and distorted by designing men, whose
only interest is to turn them into stepping stones
towards private ambition and personal advance
ment. The bill now under discussion processes
to aim at one of the abuses of railway manage
ment, to wit: determinations against persons
and places. 1t is put forward by those who
claim to have the sole and exclusive right to
be the interpreters of the dominant clamor, as
the embodiment of all the wisdom of the
Democratic party upon that subject. 1t is made
the test of loyalty to a. the people e"-whOever
they may be-the Kaaba which each devout
must rcvercntly kiss as test of faith. 1t is Il
sort of POpe's toe. Now | have a great respect
for the heart and head of his Holiness, but
shall never kiss his toe.
\ talented gentleman who has recently be
come prominent as the counselor and orator of
the present manifestation" whose name will
not mention. as that seems to be the correct
thing-Said at a meeting in san Francisco week
before last that the chief object of this bill is to
express the dogma that railroads are public
highways. This was announced as novel prop
osition, discovered he would have us infer by
the late lights of his party. He thought the in
corporation OF this declaration into our statute
law would be II great achievement | venture
to assert that the principle was announced i'll
1853, in the case of Sharpless vs.. the Mayor of
Philadelphia. reported III p Penn. Stat 1863, and
has never since been denied tReads.) As was
stated recently in the case of Hays vs.. the Penn
sylvanin Company, ~ Am. L. Reg, 10, The
railroad though owned by corporation. was
nevertheless constructed for a public use, and
is in qualified sense, public highway" The
highest tribunals of the land have iterated and
reiterated that railroads stand upon the same
footing as governmental agencies. and to that
extent subject to the same control
canals. bridges and tOl-roads. 1t has always
been understood To be the duty of the State to
provide public ways to every locality sufficient
TO meet the necessities of the people. Whenever
the cost has been too large, or the Rcilities de
sired greater than the State ought TO provide, IN
view of its duties to Others, it has immemorally
been the custom to grant TO private persons the
right to receive tolls in consideration of reliev
ing the State from the cost of diScharging its
duty in this respect. The work no less
public one because constructed with private
funds and by private enterprise. Railways at
the present time have become as much of pub
lie necessity the canal, the bridge and the
toll road were. In the past the prosperity and
wealth of community were indicated by the
number extent and perfection of its travelled
ways. At the present time there Is no surer IN
deX of the enterprise and importance of Il State
than the character and extent of its public rail
ways.
MANY of the old rules of law defining the public
right to the highway, to the tol-road and bridge,
are applicable to the modern railway. But there
are additional facts to be considered: rs that the
builder of the latter also owns and furnishes
both the vehicle and the motive power and in
cludeS in his charge for transportation, not only
the tolls, the right to receive which is granted
by the State, but also compensation for the use
of his cars and engines and the insurers reSpon-
sibility To deliver his freight in the same condi
ton in which it is received The adjustment Of
these several elements in the problem is matter
of time and viii be slowly evolved, as are all
other laws of trade and commerce. 1t is mani
festly narrow and impartial view which would
consider the railway solely from its public or
! sacred character of private property, even il
! employed i'll public use At any rate the queS-
! ton is one involving too many and intricate ee-
/ ments to be resolved in Il popular assembly un-
! der the operation of the previous question. do
/ not believe any Republican on this floor will
! deny that railways are highways.
have heard no Republican defend discrim-
! ination by the railroad corporations against per
] sons or places. If my memory serves me, in the
iary Committee of this body, but two special in
/ stances Were testified TO; yet if there were but
/ one, and danger of its recurrence, l should fail
| in my duty in not legislating to prevent it.
| have been informed. and believe crediby that
/ one of the large mercantile houses of san Fran
cisco enjoyed. during the last season. such favor
| able and exclusive rates on canned salmon, to
be shipped 10 the East, that no other house
| could ship that commodity except through the
| favored firm | have been informed, and |
| think credibly. that one of the most important
industries of this State the canning of fruits and