The morning call., 1892-09-03
THAT TEXAS DECISION.
Commissioner Litchfeld Is
Still Confident.
THE SHIVELY COMPLAINT.
Traffic N ansger Leeds Points Out Naw Way
to Bring the Southern Pacific Gem
pany to Terms.
THE SHIVELY COMPLAINT.

States Circuit Court of Texas on August u
in what will be known 10 history as the
"RailroR d Commission. Cases" was re-
ceiyed in this city yesterday.
The dispatches have already announced
that the summary of this famous decision
denies the Railroad Commission Of the Lone
Star State the right to dictate to the rail-
roads operating in the State what their
freight rates and passenger fares shall be.
The Texas Railroad Commission is about
on the same basis as the ornamental one
which draws $4,000 a year from the Cali
foEnia State treasury for the alleged pur-
pose of serving as Railroad Commissioners.
There are three Commissioners in Texas.
Their names are JOHN Il. Reagan, VIII
liam 2. Mclean and l.. l. Foster.
There are also three Commissioners in
California. They are j ames w. Rea. j. NJ.
Litchfeid and W. Fl. Beckman of Sacr a.
ment0. -.
The decision of the learned iuriSt of Texas
is of great deal of III terest to the long
suffering people Of. California. for it con-
firms to the letter tile conviction which for
a long time has been growing, namely, that
the Railroad Commission is useless, far ci
cal body, aud that the sooner IL Is abolished
the better 1t viii be Tor the public welfare.
The fact that there is. now complaint
before the Railroad Commission. filed by X.
q. Shiyely of San Jose asking Tor reduc-
ton Of the Southern Pacific CompanyS
rates aud fares, makes the Texas decision
particularly interesting.
q high-prieed expert has been engaged,
and together with the fees charged by the
official sienngraplleF, the Investigation"
asked for Shiyely. WIZ cost about $4,000:
The people oil the State Will have 10 pay
md a
no matter what Expert Morgan may report
or .what evidence Mr.. Shiyely may produce
the decision IF the Railroad Commission
viii be without any force.
Should il be agaiBsr tie Southern Pacific:
Company Mr.. Huntington Will. snap his
fingers and tell the Commissioners to go to-
some warmer PLACE .:
II the decision rs against Mr.. -Shiyefy that
gentleman will bein the same position" he
was In before he fled has complaint; -. =:
OF course both parties can appeal. TO the
COURTS but with Judge McCOrmiek's de-
eisIon is precedent there is no chance for
an adjustment which will bring relief" to
tile people of California. =:
=: Commissioners. -EitchfeId when seen yes
terday took acheeTfnl view of the case :.
HIS c@ald not see why Judge MeCGrmick's
decision Should interfere with the ShFvely
inYeStigatlOfl: : .
Mr. Lirehfield al ways dnes tnke .a.cheerful
view Of ,eyerythi Ug, and the only rroub{e.a
CALI. reporter lad% when ne :inteFvieWed
him was fiat he grew confidential at times
arid said things which. were n0tnecessarily
1or. Publication, Bit apparently uttered in
good faitD. -
with copy Of tire lannon's decision befQre
him. Mr.. Litcltaeld said that he hai not
read al of Gdge McCOrnlick's etfasion. as
yet, but that he had: begun the task :.
-. Theirs vi .Qne;strawIA all the legal utter.
antes which the Posts rect Uniform .con-
tractor erasped Htth a tehaciiy wQrthy1f q
better Cause. =. - '';' T.. 2
: He took: great delight in pointbg:to a
paragfapB.in Which Judge: MfGorsligk- avs
. THAT the bills Of complaint If the Fexas
suit deny to railroad COM panles the right TO
a>judiciaT tnQtaiIy IN behalf Of the damages
oy:penaitles led
SNOW We .are. entirely differently sinra-
ted" Nr. litehfield peih;ed:. oat. ''ShiSeH
asks for ajnIielaI inges tlgatloh,. and: he: VIII
have il. =, -:
= THE board: wilf hear. testimony and re-
cetye eyidencepn both sides. aud If we. give
a verdict: against the RAILROAD company,
after careful: deli beratqn, the Southern
Paefac Company. can9ot Claim that it.: had
no Judicial bea4ipg."
But, growing "a l.tha Railroad Commis-
.sfoneT adakitted immediately afterwaTd that
heidi not think Dir. HAutfngtou::s company
would reduce its. fares or rates last because
the Railroad .Geinllfss1oA might deem 1T tit
: that they shlA!d do so; -
80: ME. LdtChteld" was quite. sure. however.
that the ]nxGs tfgeti0n asked .f0r by: Mr.,
'Shiyeiy:woufd: furnish the Railroad: Con:
mission HueA valuable Information, even if
II served u other purpose. T.: =.
Whether .tAat information gathered. by
.hrfnself and Els two eeIieaglies, was worth
::S26;G00ta tlie3eQple'Of tbs StatG. OF Calfor-:
MIA the Commissioned did not know. =.
OF :ceutse :Mr. LltchfeId said greas deal
m0re ON tl'is, :suGiect aEnr Instance, la re-.
&c. a 81 H.
In: rarheE nncom pll linen tary terms, and he;
EXPRESSED himself very Str0nsIy on the. eff
forts that.Rre being m&afe. to. feRisIate tile
RallrJajl- CGfanfissiOn on; eff Office, -.
Bat. Mr.. Lltclffield. was in "a confidential
MOOD and eyerya hing he.:@said cannot. be re-.
be So; and :tHE' II ALI: man: who talked to
EEla pFoml std:not to. violate ans: cOlldences:
:. Traffi2 Manager Leeds. .waen. she8n the
deetsioq of. j Adge McCQrnrck >waSedecid+
eddy More eu;sDOkeH' than his :$'in tinlatA
friend" fAe*RtatilrOad. Com qssiohatf, had,
,: Mr.. Leeds eniphaticaiiy declares that only
one INTERPRETATION of: tile. decision *ran be.
l;ade. pld fiat itis To- the effect OFFS confirms.
ing theI fanle Is y oEiatGn s :pplniobs: wIiich
long since has deelared .the Rail- oalf. Conn:
mission. aS.lt stands sto-day. "a useless, exl
%tensfve and .pQWerleSs :I1 itutt9n. s:,,... :.
E Speaking Of the: Shiveiy complaint Mr..
> Leeds :sayssthat thsr6 is onfySohe ching to-
~defos tho San:Jsse: man pow .stitce: Judge:
/" MeCorm ck:Aras knoeRtd MIN out :hY:hs fie.::
els on, anQ 9Th at Is IN. bring ga suit in the:
Seperiar: Colrt against the. railxoa1 com
,paIiy for disGfImin atioa... 80 =.
:'If this B}an Shiye49 is -in.earnesf; which.
-: I:do not believe he is" said Mr.; Leeds, The:
VIII ignore. THE Railroad ConamissiGn after
this and select: one Of tire MANY cases in
Which tie Southern: Pacific c i4pany is
Rraetlclng gross discrimination. foEa basis
of Il complaints in the Superior CdiEIt:'' :. =
: But, 9sceFding to Mr.. Leeds op&nf0n, Jfpi.
itea, who: is: the ACTUAL Mr.. ShiTely. wifi
prefer fo'g6aheaa with the $50 Q0Q Invest.
Cation to going int: cQQTison. "a bona fide.
COMPLAINT: -. = -. :: =.