Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-19

gatory on the railroad companies to give prefer
ence to 'perishable articles etc. AuoPtee.
Brooks moved to strike out lines IA, 10, 10; II,
is and 10. of Section /, and insert: Provided,
that in the transportation OF persons ana things
preference must be given 10 the united states
and the state of California
VronmaT1 moved as substitute TO insert the
word ''shall'' for % must IN Brooks amend
ment, but 10 retain the renalhoero OF the amend
ment.
some discussion arose as to the relative rights
and privileges OF the Federal and State Govern
ments over those of individuals, as provided ior
i'm the amendment ana substitute. On calling
the roll the substitute OF Senator NrooHah was
adopted-ayes, II; noes, 4
Al P NJ the committee took a recess TIL 30.
ON reassemblingF the motion of Senator
Brooks TO strike out lines Il to l9 tincluslyel OF
ton explained that il would be u hardship upon
the short-line local line in Santa Barbara to re-
auire to always maintain the same number OF
trains and the same facIlItleS IN use January
1881 He made Il long and able argument in de-
tense of the small railroads of the State.
Senator Kelley offered substitute, striking
out the words tin connection with matters OF ac-
cummodation to shippersl " not inferior to any
in use on January l, 1854 and inserting in lieu
thereof the words, which shall at all times be
sufficient TO accommodate the public"
Reddy argued at length in favor OF retaining
that portion of Section l, and differed with Sem
at0r Brooks Interpretation OF the meaning OF
| the section, conteuding that II applied only TO
connecting lines of transportation, and required
eANA---
no business for them.
Vrooman was of the opinion that the section
would require all roads TO maintain the same
number of trains that were being run January
| l. 1854 He offered an amendment to make the
bill read and sufficient and similar facilities y
striking out not inferior 10 those in use Janu-
| AIRY l. 1884 y Lost.
| Taylor offered a substitute making it read:
| And facilities similar to those in use January
| J. 1884 sufficient for the accommodation of the
public ana all connecting transportation lines,
| II l.. 3,A or.
Mcclure offered to amend Section by insert
ing after the word freight, in line s, the words,
of the same kind or class Lost-ayes Z,
| noes 9.
| Whitney moved 30 amend line II, Section I, so
| as TO read all freight of the same kind or
| class shall be dispatched or forwarded, as near
! as may be-, in the orderin which 1t Is received,
! etc. Lost
| Mcclure moved to amend line 8, so as to read,
| transported or moved from the same station
| and in the same direction, without dlscrlmlna-
| ton" etc. Lost-ayeS s, noes ).
| Vrooman moved 10 amend Section l, so as to
| make its provisions apply only to the transport
| alton of freight, as Section ,, taken IN connec-
| ton Herewith, seemed to prohlDH tie use OF
| second-class cars on passenger trains. Lost
| Section ! was then adopted as amended,
Sullivan moved that Section be adopted en-
tire. LOst-ayes 6, noes TO.
Murphy offered to amend Section so that
freight schedules to be exhibited at all stations
may be written as well as printed. Reddy
strongly opposed the amendment. Adopted
| ayes 9, noes :.
Vro3man offered an amendment to Section .
| providing that schedules of charges for trans
| portation be " from the stations (where the
| same are posted to" all stations, instead OF
between all points, etc. AdOpted-ayes y
Vrooman moved to further amend by making
the schedules apply TO points within the state
| instead of stations to and from which they
| carry' LOst-ayes S, noes s.
At5:45 the committee adjourned till $50 P. "
On reassembling, Nrooman moved TO strike
ont persons or from line $, Section 2, which
| provides that schedules shall be equally avail
| able to all persons demanding transportation
for persons or property, over SAID road, etc
| Lost.
Taylor moved to amend Section , so that a
less rate per mile may be charged for long dis
| tanceS than is charged per mile for short dis
tances for the same kind or class OF freight" Mr.
TAYLOR spoke earnestly in defense of the amend
ment saving that If IL were not inserted the PEG
pie of the northern counties would be virtually
shut out from market
Murphy thought that Shasta county farmer
| who pays taxes of but 81 30 or 81 30 per acre
should not be allowed as low rates for freight as
those of the Bay counties, whose expense Is
much greater i'll farming.
The amendment was adopted-ayes, 9 noes, Z.
Section was then adopted as amended.
Murphy moved to amend Section by adding,
| III line > the words, devoted to public use,
| making the sentence read: e Track and other
| structures devoted to public use must be main
| tanned in good and sufficient repair, etc.
| Adopted unanimously.
Whitney moved To amend Section 3, providing
| that tracks and structures deCayed, destroyed or
! removed must be replaced or restored - if nee
essary to the public use" Adopted
Section was then adopted as amended.
Sullivan moved that Section be adopted as &
/ whole.
Mcclure moved to amend by striking ont the
entire section. He claimed that its effect would
| be to shut out railroads Incorporated in other
| States, and claimed that its enactment would be
detrimental to the interests of the State by
| keeping out competing lines from the East.
THE section provides that no railroad com
pany organized under the law OF any other
State is permitted to operate any railroad in this
State and no railroad incorporated in this State
is permitted to accept a charter or franchise
from any other State. For any violation of these
provisions such companies must forfeit thelr
| charters.
Reddy argued vigorously in favor of retaining
the section and all its provisions.
Mcclure again took the floor, and delivered a
long and able argument against the section, in
which he showed that the proposed inhibition
regarding outside corporations was not only I'M
constitutional but in direct opposition to an ex-
isting law of this State passed in 1880, and that
il would be suicidal for this State TO begin now on
| Il restrictive policy OF the kind proposed. We
| have too much land, too large an undeveOped
iOOthill section and too few railroads, to Inaugl-
arate such a policy He would say Come here
| with your competing railroads, and develop
our young and extensive state. He believed
that a policy of fairness toward outside
railroad corporations would, within ten years,
give California no less than three competing
| lines across the continent. No matter where
these companies We're organized, nor where
| chartered. each State has absolute control over
their operations within its borders. He chal-
| lenged any lawyer to point TO Il decision of the
higher Courts of the land within the last fifteen
wears that did not bear him out on this point
Nrooman favored striking ont section 4, and
! argued in a similar strain. He cited the teStl-
mony Of the managers of several short-liue
roads, all Of whom declared that the passage OF
the Barry bill would prevent them from con
. StructIug connecting lines.
The roll was called on the motion to strike ont
the section, with the following result Ayes, .
noes, :. Lost
On the motion to adopt Section / was with
drawn.
No amendments were offered to Sections 4
| and ;.
In regard to Section 6, Senator Murphy moved
to strike out the word appurenances. Car
ried without division.
Kellogg moved to amend so that the proceeds
of the reVerslOn OF railroad property TO the state
| be apportiOncd to the State school fund. Lost.
Mcclure moved to strike out all Of Section 8.
| The section provides that at the expiration of
the terms for which railroad charters were given
the property, after the payment of debts, shall
| revert 10 the stockholders
Murphy moved TO amend by adding Pro
| viding no act of any agent Of such corporation
violating the provisions of this Act shall be con
| stned TO be the act of the corporation, unless
| ratified by the Directors
| spencer offered aS a substitute " Provided
| that the act or omission Of any agent shall not
| be deemed to be the act Of the corporation, I'M
less expressly or implicitly authorized or ratified
| by the Directors. Of said corporation" Lost
! ayes, 5 noes, II.
! The question recurring on Senator Mgrphys
| amendment, the roll was called, with this
silt. Ayes, 10: noes .. The amendment was
/ adopted.
! Mcclure moved 10 amend so that such act OF
any agent TO work a forfeiture Of com
| p2nys charter, must be done knowingly
! Adopted-Ayes. 10; noes, o
! Mcclure moved 20 insert a similar provision in
! line g. AdOpted-ayes 10, noes 6.
! Mcclure moved To strike ont the provision Of
| Section Z which declares that any agent Of .
railroad shall be punished for violating the Act,
| by Imprisonment not less than thirty days nor
| more than SIX months and inserting as pro-
yided in Section 70 OF the Penal Code
| Perry made the point of order thar the bin in
| its title presumed to prevent discrimination .
J bat in this matter of punishment for its viola
| ton it seeking 90 set all rules of established
| law aside and discriminate against the employees
of Il corporation.
! The roll was called on the motion Of Senator
| Mcclure TO amend, and 1t was carried by ayes
/ TO noes.
! Kellogg moved to amend Section by striking
/ ont the clause forieiting the charter OF com
.-ar rtrsf q,