Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-29
THE LEGISLATURE.
SENATE.
MONDAY Anr;l ~ Il

ernor Daggett in the chair Roll called and
quorum present. Journal of Friday read and
approved.
Vrooman introduced bill entitled. "An Act
to punish diSobedience of the orders of the
Board OF Railroad Commissioners" which pro
| vides as follows:
Section !. All orders made by the Board of
| Railroad Commissioners in the exercise of their
! jurisdiction, if not put in force and complied
with by the railroad corporations or other trans
! portation companies affected thereby NAV be
! enforced by writ of mandate on behalf OF the
| people 10 be sued out by the Attorney General
| Inc directors OF any corporation or the manag-
| ing agent or agents of any other transportation
company failing or refusing to comply with the
/ writ of mandate issued in such action shall be
deemed guilty of contempt and shall Ne pun
lShed as IN other cases of contempt: provided,
that any person who shall sustain any damage
by reason OF the refusal of any corporation or
transportation company 10 comply with said
writ OF mandate, shall have n civil action
against Such corporation or other transportation
company, and therein shall be entitled to re-
cover treble damages. together with costs of
suit. Referred to the Judiciary Committee.
Nrooman also introduced the following bill
entitled, An Act to prevent determinations
and abuses by railroad corporations and other
common carriers
Section l. All railroads devoted TO public use
are public highways, over which all persons are
entitled To transportation for persons and prop
erty on equal and impartial terms All road
| ways ana rights OF way upon which said roads
are constructed are for public use An railrnad
corporations, all transportation companies aud
all persons engaged in the transportation bust
ness, are hereby declared to be common carriers
and subject to legislative control
Section >. No discrimination in charges or
| facilities for transportation shall be made by
common carriers between places or persons. or
in the facilities for TRANSPORTATION of the same
classes of freight or passengers within this state
or coming from or going 10 any other State. Per
sons and property transported by common ear.
1 nerS shall be delivered al any station, landing
or port NJ charges not exceeding the charges ior
| the transportation of persons or property of the
same class i'll the same direction. To any morc
distant station, port or landing. Excursion and
communication tickets may be issued at special
/ rates; provided, that in the transportation of
persons and things, preference shall he given
10 the United States and the state of California
provided further, preference shall be given To
persons offering for transportation live stock,
household goods and periShable articles. ana,
also, under reasonable rules and regulations, 10
/ express matter and fast treightS.
Section 5. All common carriers shall at all
! times keep posted in II conspicuous place. ac-
ceSsibe to the public at each of their stations
and offices, printed or written table or Schcd-
ule OF all rates of trclghtS and charges in force
for transportation from that particular to all
points and stations to and from which they carry
Ill this state, and To furnish for examination at
such stations or offices printed or written copy
| oftable or schedule to all persons demanding
! the same. All such carriers shall nj all times
keep ut their principal places of business table
| or schedule of all rates of freightS and charges
| in force for transportation between all points
/ stations to or from which they carry, and shall
| mt all times during business hours, upon request
/ of any passenger or shipper, or person desiring
to become such, exhibit the same for inspection.
All discounts, rebates, special contracts special
rates or rates different from those on the printed
| or written schedule, shall be written therein as
soon as made, and all such rates shall be equally
/ available to all persons similarly situated de
manding transportation under like circum-
/ stances for persons or property, without discrm-
ination or favor, as provided in Section > hereof
Section 1. Any yrailroadcorpOration violating any
of the provisions of this Act shall forfeit its char
! ter and corporate privileges, and shall be adj
! Judged to have incurred such forfeiture, and TO
/ be dissolved, i'll an action on behalf of the peo-
pie of this State, 10 be instituted by the Attor-
ney-General; provided no act of any agent of
! such corporation violating the provisions of this
Act shall be construed to be the act of the cor
| poration, unless authorized or ratified by the
! Board of Directors thereof Any officer, agent
or servant of any railroad corporation or ship
| per, or any other person who shall knowingly or
| willfully take part in the making, carrying out
or enforcing of any contract or agreement for
railroad or other transportation in violation of
the provisions of this Act, or in collecting or
paying charges, or soliciting or paying or allow
ing discounts rebates forbidden thereby, or
who knowingly and willingly shall, directly or
| indirectly, enter into any agreement or under
taking or give any orders or directions for, or
consent or ratification to the carrying or ship
ping of persons or property on terms in any re-
Spect different from those prescribed i'll this Act,
or further soliciting or making of any discount
or rebate hereby forbidden or for violating the
provisions of this Act in any particular. shall be
deemed guilty of Il miSdemeanor. Referred to
! the Judiciary Committee.
Baldwin presented II petition from citizens of
san Joaquin against the passage of the Barry
| bill.
message was received from the Assembly
| announcing the passage OF the second appro-
priation bill making provision for the expenses
of the extra session. Read the first time,
! The regular business OF the file was then taken
/ up-the Judiciary Committees amendments to
! the Barry bill. All the committee amendments
/ to Section 1Seven in number} were carried by
| large malOTitleS, some without divisions. Sec
| tiOn was then taken up When the last amend
ment to that section was rcached-alloWing Il
lesser rate per ton per mile on freight for long
distances than for short diStances-MessrS.
Reddy, Lynch, Spencer of Stanisaus, and Sulli-
van spoke against it, and MessrS Cross Filcher,
Langford and Knight in its favor
Taylor tauthor of the amendmen0 ad-
dressed the Senate in its favor. He called at
tention to the fact that the bill, in its original
form. was called one TO prohibit discrimination
on the part of railroads but in its very first
section il declares that there may be diScrimina-
ton in certain cases, las therein provided
The bill had come to the Senate as an inspired
document-the product of the brain of one
whose shoes, it would appear, no Senator on the
floor was fit to lace-but it was contradiction on
its very face. The Senatorsmade strong appeal
in support OF his amendment providing that Il
lesser rate for freight per ton per mile may be
charged for long distances than for short ones
This amendment, he said was vital one to the
people of the northern section of the State
hence he had labOred strenuouSly for its adOp-
ton by the Judiciary Committee. The Senator
showed concluSlvely that there was neither law,
reason nor common sense in the theory that the
producer living at n distance of several hundred
miles from market, or tide water being charged
the same rate per ton per mile as he but Il few
miles distant therefrom. Under such Il system,
the producers of Shasta and contiguous coun-
ties could not compete with those in the central
counties. The Barry bill. unamended in this
particular, would, if law, virtually shut out
the farmers of his district from mar
ket. He felt that he would be. reereant
to his trust did he not raise his voice in the
Senate chamber in support of Il provision i'll the
law that would deal justly with his constitu-
ents and save them from that oStracism which
the original Barry bill would inflict upon them.
He combatted the argument that his amend
ment was in conflict with the Constitution and
clearly showed that it was in perfect harmony
| Herewith. The Constitution says there shall
be no discrimination between shippers, and his
proposed amendment simply made that declara-
| tion stronger and more definite. 1t does not
| permit discrimination as between persons but
| re-enactS an old and Wel-eStabliShed law of
! trade and commerce by allowing transportation
/ companies to use such discretion in the manage
| ment of their business us would have Il ten
| dency toward building up remote sections and
developing their resources. 1t had been said
! by a Senator that God had Himself given some
| localities an advantage over Others i'll the mat
/ ter of proximity to market, and that the people
| of the latter should submit to the DEGREES of
/ Providence and not endeavor to correct what
! might seem to be its mistakes. For his part he
/ could see no force i'll such an argument. 1t was
! CLEARLY Wlt0lu Ile puTNleW OF IIle tOflSIIutlOn
to allow such discrimination between near and
I remote points, and it would certainly be in the
| interest of the people of the State at large and
of remote sections, to allow transportation COM
| panies to extend their usefulness beyond the
| narrow limits of few counties about the BAY
| The principle which his amendment sought to
affirm and incorporate in the law was the only
| correct one as must be admitted by all fair
minded persons. He hoped the Senate would
view the matter in the properli light, and approve
| the amendment proposed.
After some further discussion the roll was
called on the previous question, with the follow
| ing result:
Ayes-Brooks, Buck, Chandler. Cox, Cronan,
! Cross, Dougherty, Filcher, Foster, Fraser, Har-
rgan, Heating, Kelly of San Francisco, Kelley
/ of Solano, Kellogg, Knight, Langford, Mccarthy
| Mcclure, Nelson, Perry, Reuter- Ryan, Taylor
| VroOman Wallis Whitney-27.
! NOes-Baldwin, Del Vale, English, Lynch
Murphy Reddy, Reynolds, Spencer of Napa
! Spencer of StanSlaIs, Sullivan WolfSkill-1.
on motion of Cross the Senate took up the As
| sembly appropriation bill, and ordered it read
the first time. 1.-THE bill appropriates S36,0 600 ad
| ditonal to the former appropriation of S47, 500
for the per diem and contingent expenses of the
! extra session.
AT $40 the Senate adjourned till 10 A. NJ Tues
day.
ASSEMBLY.
! The House met at p NJ Speaker LaRue
| in the chair Lewison was allowed leave of all
~ do an -.