Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-12-30
RAILROAD COMMISSIONERS.
Reply TO the Atlantic and Pacific Com
pany-Important Orders.

Isepiy 10 the Atlantic and Pacific Com
pany-Important Orders.
Yesterday at San Francisco the Railroad
Commissioners met; present, full Board.
A letter was adopted in reply to the refusal
of the Atlantic and Pacific Railroad Com
pany to report to the Board, because it is
foreign corporation and not subject to the
regulative powers of the State of California
as il is chartered by Congress and declared
to be post route and military road. subject
to use by the Government and to its control
at all times. To this the Board replies at
great length, saying that it has steadily ad-
hered TO the doctrine of differential and
reasonable as opposed to uniform rates of
fares and frelghts; and has as steadily re-
pudlated arbitrary Jumping reductions
made, If at all, without labor Or knowl-
edge, regardless of the varied conditions
and practical yicissitudes of railroad serv-
ice. The Board then thus causticallv and
incisively remarks:
The alleged difficulty of reporting in the form
prescribed, not contemplated by your system of
accounts and abstracts and much of which as
was stated IN our last report to the Governor of
the state, IS comparatively Irrelevant and i'm
material, deserves our respectful consideration
The form was not made TO fit a set of books, and
we presume that no system of accounting cor
1Ssl'puuS W All It, lUcOuSeuuentIal GIRLS. IL
is an overdone legislative substitute for some
thing worse, the onlyelnerit of which was its de
served failure. In some respects il is like n
pettiiogger, searching for some theory of his
case, by crazy croSS-eXamination of an unWill-
ing witness called by himself Thus il calls for
annual repetitions OF accomplished facts as
contradistinguished from the,essential units and
factors of railroad service and regulation
always relating to the present and the future
1t does, however, like the later provision of
the Constitution and law creating and organic
ing the Railroad Commission, proceed upon the
natural ana legal presumption that men can
communicate only what they know and that
those engaged in farming, mining merchandise
ing or operating railroads, and minding their
own business, must Know more about it than all
the standing political witnesses and experts
who ever took upon themselves the secondary
supervision of railroad affairs
This the law itself, for the best of reasons de-
termlnes the source OF the best, if not the only
evidence, of facts and figures relevant and ma
| terlal to the actual business and intelligent
supervision of railroads. 1t expressly refers to
| your company Tor the only available informa-
| ton concerning its affairs as a common carrier
in this state. 1t also prescribes the process and
methods by which it may be required and SUD-
pied me Verlned annual report is IN the ma
| ture OF deposition, intended and generally re
garded as a convenience to the companies by
which II is made and returned But In the all
| sence OF the required report we can avail our
ourselves OF another method and put the of
| Ulcers and agents of the deiaulting company.
with books and papers, on the witness-stand be-
| lore US FOR this purpose we have the same
power as Courts of record and orr nrocesS Rms
| TO the borders of the State In c0nsiderafion
therefore, of the alleged difficulty of reporting
| IN the usual form, your company NAV consult
| us own convenience by choice of the methods
| presented, If made within a reasonable time.
| In the spirit of your suggestion and apparent
ueSlfe, we nave Deen ut some pains to present
| the reason for our action. 1t remains for your
company 10 determine what course il will MIR
| sue. The Constitution and law by which This
| Commission was created and organized are the
eritcrons OF our official duty In the exercise Of
Il power clearly incidental to others which vor
dispute, we assert then existence which Won
deny. We exercise them as officers of the
state, IN which 1t is tacitly admitted that thew
resided prior to their alleged delegation by the
disabling Act of April 1, 1870. Their denial
therefore, rests entirely upon the Congressional
| and Legislative Acts which have been cited
| and by virtue Of which your company claims to
| be not only exempt from State control, but a
| Selfgovernlng free agent, authorized to fix its
| own compensation Tor all service save such rs
| 1t performs for the Federal Government which
| Is a preferred shipper and titular sovereign.
! thus far i'll allegiance.
| Squeezed into its shortest statement, we take
| the result OF Your reasoning upon the law and
| the facts to be. that your coInpany with tbe
| constituent corporations of which il is com.
| posed, has not only passed from under, but now
| Yields over its own road and business the scep-
ter OF the State, subject only to the unlincal
grasp OF the Federal Government
The Beard vigorously asserts its iurisdic-
ton over the road as representing q SOW
| ereign State, and exercising powers indie
pendent of the Federal Government in
respect to the objects committed to it.
Mr.. Foote declined to sign the letter be-
ing unwilling to commit himself against
uniform rates. The Board then unani-
mousiy adopted an order that the tariff of
freight rates, with the joint Western CLASH
tication of July LIST as amended July 18th
being filed with the Commission by the A !.
and p. Railroad Company, September Ist
with the request of the company that they
be approved and established for the line
from Needles to Mohave, be approved so
far as they relate to the said road and the
local service theron; and that.they be ap-
proved for the use of the said road
on any other road or roads in this State
over and upon which it has trackage. or
traffic agreements with any other company
or companies owning or operating such
road or roads, provided said rates are not
IN excess OF those now prevailing on such
road or roads. But in all cases where such
rates are Ill excess of those charged by anv
other company on said road or roads. ex-
cept " for the purpose of competing with
any other common carrier" as provided in
Article MI, Section 20 of the Constitution.
they shall be reduced so as to correspond
herewith, and the lowest non-competitiye
rates for any and all service on such roads
shall prevail thereon