The record-union., 1891-01-23

StIo appropriate S45S 65 to pay the claim
OF w. 81. Murphy, illegally paid the
By Mr.. Renfro-Relative to time of
electing District School Trustees. Edu
cation.
| By Mr.. Cunningham-To increase the
number of Judges of the Superior Court
| Ct the County Of Tulare. Judiciary.
SBy Mr.. Tennis (by request)-To au-
| thorize the Board of Supervisors of San
Francisco to examine into, adjust and
pay the claim Of Thos. Day. Claims.
| By Mr. Marion-Relative to the diSin-
corporation of cities of. the sixth class.
Municipal Corporations.
! v By MIR. Dennis-To provide for the in
terchange of the copyrights of school
textbooks between the State of Califor-
mia and other States. Education.
| NBy Mr.. Hocking-To amend Political
| Code relative to public roads. Roads and
| Highways.
BY Mr. Murphy-To provide for giving
preference to honorably discharged eX-
Union soldiers in making appointments
i and giving employment upon public
works. Military Affairs.
v To authorize the formation of county
and municipal insurance companies
I Corporations.
| RBy Mr.. Hunewill-To amend Section
1917 OF Political Code, relative to the
number of National Guard companies.
Military Affairs.
JlBy Mr.. COffey-For the relief of Pat
rick Creighton. Claims.
SPECIAL FILE RAILROAD COMMISSION.
| Assembly Constitutional Amendment
| No. 9, to abolish the Railroad Commits
sion.
Mr.. Shanahan This constitutional
| amendment was introduced by me, the
object being to abolish the Railroad Com
| mission of this State. I can see no fur
ther use for that commission. It has
been in existence about twelve years, and
| during that time has cost the people not
less than SlS,000 per annun. At the very
least calculation, during the time it has
| been in eXistenceit has cost the State over
100000. The question arises, What bene-
fit has it been to the people? l contend
that the people have received none what
ever from it; that whatever concessions
have been made in the way of reduction
of fares and freights have been made at
! the instance of the railroad officials them
selves. TO justify such an expenditure
| we certainly should have some compen-
sating action OH the part Of the commits
sion. And, outside its cost and the fact
that it does nothing in return, the courts
| have so construed the law as to practi-
| cally declare there is no further use for
| the commission. In the case of the City
and County of San Francisco VS.. the
Spring Valley Water Company, relative
to establishing the rates at which water
should be sold, the courts decided
that they had the right to review the
| action of the Board OF Supervisors in that
regard. The railroad companies have
always contended that they were not
! amenable to the authority of the Railroad
| Commission, and the decision of the
courts in the Spring Valley case referred
| to simply affirmed that which the rail-
! road companies have always contended
for--that any order made by the Railroad
| Commission, with reference to charges
IL.
and may be set aside. This being the
case, / see no reason why the commission
should remain in existence. 1t is useless.
| Under the law it is powerless. l notice
that Governor Pernoyer, of Oregon, has
sent message to the Legislature of that
State recommending the abolition of
similar commission there. Their COM
mission came into existence since ours
was created, and they have had the same
| experience with it that we have; they
have tried it and found it useless.
Mr.. Bruner-I desire to prepare some
facts, but have not had time, combating
this proposed amendment to the Consti-
| tuition. AS it only requires one reading,
| that may have the time l desire, l ask
that it be made the special order for
Thursday next at P. NJ.
Mr.. Shanahan-I have no particular OBJ
lection.
Mr. Dibble-Perhaps the gentleman
from Shasta would prefer finishing his
argument now.
Mr.. Shanahan-No, have made suf-
| ficient opening.
The Speaker suppose the gentleman
from Shasta would rather make his argu-
ment when the matter comes up for final
disposition.
Mr.. Bruner-That was my idea when /
| interrupted him. l wish to be fair in the
matter
Mr.. Brusie-As a substitute, move
+I,4 = L. q. -. ~
| Committee on Commissions. As {: res
son for that mssson, Will say that IL IS
no more than lar and Just to The gah,ta-
men composing the railroad CommisaiClI
or the parties affected by it, to have an OPP
portunity to present to this House rea-
be dispensed with. The committee is
organized for the purpose of making
such investigations, and has extended to
the House an invitation to be present at
its meetings. If members desire intelli-
gent action upon this matter, do not sea
how it can be more certainly and easily
secured than through the committee.
After the committee has made the in
vestigation and reported, members will
have an opportunity of discussing the
question on the floor and using such
arguments for or against as they see lit.
But by it being considered by the COM
mittee in the first place, every member
who chooses can hear from the lips of
those interested the facts in the case
showing whether the commission is nee
essary or not. / hope the substitute
motion will prevail, because in my opin-
ion it is the proper and right way to dis
/, pose of the matter, and in accordance
with the procedure to be followed with
reference to other commissions of the
State.
Mr.. Shanahan-The matter has already
been before the Judiciary Committee,
a body of lawyers, comprising nearly
one-quarter of the membership of this
House. It's consideration dragged there
to that extent that, to get it back at all, 1
had to consent to its being reported back
without recommendation. Now comes
the suggestion to send it to the committee
appointed to investigate various State in
stitutions. That committee was not ap-
pointed to consider constitutional amend
ments, but commissions created by stat
ute to ascertain whether they should be
abolished or consolidated. And if that
committee shall investigate all the special
commissions it will have no time to con-
slider this constitutional amendment.
Moreover, the question of the utility or
worthlessness of the Railroad Commits
sion has been passed on virtually by
| every person in the State. Every one
knows what it has done in the last twelve
years. There is not a member here but
knows as much about that as he viii if an
investigation should be made now by the
committee.
Mr. Clark desire to take part in the
debate, and think it should be referred:
and as we have d special committee to in
vestigate this commission with others, /
| think the amendment should go to that
| committee.
Mr.. Gould-I think the statement of the
gentlemen from Yolo, to the effect that
the commissions to be investigated by the
committee were specifically named in the