Los Angeles daily herald., 1889-05-05

properly dubbed into decency, the better
for everyone.
Surely if the Supervisors of San Fran
cisco fixed a rate that they knew to be
fair aud just, it is no hardship to them
to be asked to 60 into court IN their
own city and show their figures. The
company will have to bring in its books
and accounts, its officers will all have to
take the witness stand and explain how
the money is spent, and if the court finds
that any of the expense items are i'm
proper or unnecessary, no one will have
any sympathy for the company if they
are not allowed.
The writer of the Times article says
that Boards and Commissions chosen by
law to fix rates, are judicial tribunals
and act on evidence.
So are the Justices courts, and the su-
perior courts and Supreme Court, but
the decisions of every one of them are
subject to the review of higher courts,
and why the decision of Board of Su.
pervisors should be any more free from
appeal and review than the decisions of
the Supreme Court of the State, is not
at all clear.
But according to the complaint of the
Spring Valley Water Company, the
Supervisors did not act upon evidence,
and there is some outside reason to be-
lieve that this complaint is founded on
fact. The Supervisors did not examine
the books of the company, and when the
company spoke Of its books, one of the
Supervisors-Barry-is reported by the
San Francisco press to have said "Of
course We don't know the cost. but l
have no doubt if we saw the books we
would find evidence to justify us in
m aking still greater reduction"
What zane man would invest his
money in irrigation enterprises if the
law permitted the Supervisors to fix the
rate he would be allowed to charge for
water at any figure the Board pleased
1t would be expected. then, that the
Supervisors, to please the men who had
elected them, would make the cost OF
water as small as possible, and the
poor ditch-owner would soon find
himself being skinned that the Super
visors might make presents to their
neighbors at his expense.
Robbing corporations to pay for votes
would be a popular pastime. but it would
not last. The corporations would resort
to bribery in self-defense, and no one
could blame them. Ii Supervisors and
commissioners had Ge power to put
rates below Just figure to please the
public, they would have an equal power
to put them above just figure to please
the corporations, and might do SO if the
bride was high enough. Then, indeed,
would there be reason to talk of anarchy
and socialism. How much better and
fairer to everyone to do as Judge Brewer
decided was what must be done-6x the
rates at figure that allowed a reason
able profit!
Suppose, for the sake of argument,
that commi sion had the power to fix
any rate it pleased that it pleased to fix
a rate that entailed loss on company
in the position of the Spring Valley
Water Company, of San Francisco. Sup
pose the company tried every argument
and even resorted to an attempt to bride
and the commission remained firm and
the courts decided that they had no
power to review the decision. The com.
pany would go on and supply water till
1t had no more money to pay its ex-
penses, the stockholders would refuse to
pay an assessment, no one could be found
to buy the delinquent stock and the
water would be shut off. The courts
might decide that the company had
| forfeited its franchise, but they could not
take the land and reservoir and pipes
and pumps and stored water of the com.
pany.
What would the water consumers dc
then? They might resort to force and
take the works and water, but If they did
the company could go into court and col
lect the ultimate dollar that their works
were worth, with prospective profits and
| big damages besides. And if the State
courts would not make the award, the
United States court would, and would
back its decision with the whole United
States army if necessary. And the same
thing would result in case an attempt was
made to force railroad to perform SER
vices below their cost.
Now there is no necessity for supposing
that any such conflict will take place.
Corporations have the right to appeal
from unjust rules laid down by commits
sioners, the courts will always give them
relief, and the people will cheerfully &C.
quiesce in the decision of the courts.
When they do not, anarchy will come,
and not till then.
The Times lawyer refers to the prohi-
bition of the sale of liquor, and says elf
business can be wholly prohibited, 30
it can be allowed to proceed only on GER
tain terms and at certain rates of charges.
The greater must contain the less"
The deduction by no means follows
but if it did, what of itP The Govern
ment might close up a railroad, or 3
water company, but it could never force
them to supply their service at loss or
without reasonable profit, and it never
will attempt to do anything of the kind.
The people must have railroads and