The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-10
THE RAILROAD CorrussToN.

The Shlvsly suit has ended where every
one expected it would-in an expose which
lays it bare as a bogus suit, brought by the
Railroad Commission against itself, and
designed to terminate in a judgment Ia
which that body would issue to itself GER
tifcate of its own virtue. On the showing
of Shively's own attorney. Richards, he
was approached by Mr.. Rea, the chairman
of the commission, with a view to the insti-
tuition OF a suit; lie drew the complaint.
which was signed by one Porter Of Watson
vile, a man whom the attorney did not
know, and has never seen Porter, for some
reason, withdrew bis complaint; a meeting
took place between Shiyely, merchant of
San Jose, and the attorney, Richards, in
which the former expressed his willingness
TO sign such complaint as was wanted :;
Richards accordingly drew another CON-
plant, Nj Rea, the chairman of the COM
mlttee, being, as Attorney Richards deli
cately puts ii, "c0gnIZaBt Of the fact that a
complaint would be fled; and On this the
proceedings with which the public are
familiar were instituted.
In MI Richards opinion. for which he
charges nothing, the statement that Rea
was the real prosecutor in the case sis Ger
tainly colored." 1t is that. Il is colored
black. and very black indeed. Some Of the
color runs of on Mr. Richards own coat
II he instituted any such bogus suit as the
Shvey case in a court of law the Judge
would be apt to remind him that he was
abusing bis privilege as an attorney and
that courts were not created for the trial of
cases brought by eonniyance between plain
tiff and defendant.
The public long ago made up their minds
that the RQi1rnnd la
fulfill its object, and that it ought to be
abolished. Any doubts on the subject
which may still lingey in conservative minds
will now be dismissed. Mr. Rea has done
little In his term of Office TO entitle him to
public gratitude; now il VIII be remembered
TO his credit that he drove the last nail in
tue coffin OF the commission of which he
was chairman. He started cut In search OF
a certificate Of character for his commission.
and he demolished that character so COM
pieteiy that Ii can never be repaired. A
department of the State government which
stimulates bogus suits in the hope of hum
plugging people with belief that II ia doing
its duty will find it difficult to Justly its
existence.
a constitutional amendment legislatIne
the Railroad Commission out of existence
VIII probably be one OF the first measures
laid before the Legislature at Sacramento.
Whether it will be carried depends on the
complexion of that body. Several members
OF the Legislature of thousand scandals.
including twenty Senators, will be found in
lnelr old seats next month. Whether they
VIII Ind congenial souls among the new
members 1t will take time TO determine 1t
Is believed by the sanguine that majority
OIL TIE new men are to be trusted, ana there
are several good men among the hod-over
senators. Meanwhile it is not to be for
gotten that Senator has to be elected. and
some provision made for the collection of
Inc pack taxes due by the railroad COM
pany. There will be room for good deal
oi ioRroliing On these various measures.
ana there is little risk in assuming that Mr..
Huntington's hand will be seen at an early
stage In the fight. Whether a combine will
be formed OF members of both parties to
defeat the railroad tax bill and TO save the
railroad Commission may depend good
deal on what that magnate has to offer; but
not II majority of the Legislature prove
to be composed of honest men.