The record-union., 1892-06-07
snecial to tne RrcoRp-UN1ox.

Special to the RECoRD-UNIoN.
SAN Francisco, June Gall the mem
bers of the Board of Railroad Commits
sioners attended the meeting of that body
to-day. After the minutes of the last
meeting had been read, i'll which was an
account of the refusal Of the board TO
listen to Mr.. Leeds, a communication
from Mr.. Leeds, accompanied by COM
parative schedule, was ordered on tile.
A complaint was received from r. o.
Shively of San Jose, in which Mr.. Shively
set up that he is a member of the Board
of Trade and Chamber of Commerce OF
San Jose. and that he has been mer-
chant and large shipper for many years
that he is convinced that freights and
fares in the State of California are eX-
cessive, and that a general reduction
should be made over the whole State. In
the complaint Mr.. Shively referred to the
action of the Traffic Association. What
he specifically asks for is set out in the
following:
First-That the rates of railroad fare are to
the best information and belief OF your COM
plainant, much higher than those or otner
railroads in other portions OF our country,
similarly circumstauced as 10 grade, custom
aud cost Oh operats on and that the present
Iare schedule OF California should be reduced
not less tnan 10 per cent. over all Its trans
pOrtation lines.
secondly our complainant AYERS that the
freight rates OF the transportation companies
OF California are excessive and that grave
ana unjust determinations exist between
classes OF produce ana points OF shipment
throughout The state; and Luat, according 10
the Information and belief OF your COM
painant, the said freight schedule OF all the
transportation companies OF California should
be thoroughly revised. as TO afIect every
class OF merchandise and every point Of shi =
ment, anu that the said freight rates and
charges should be reduced not less than 25
per cent. upon existing f-ei5nt schedules.
Upon Recommendation of Commits
sioner Rea it was ordered that the rail-
road companies be given thirty days in
which to ule their answers.
Commissioner Rea then read the fol-
lowing lengthy document, in which he
stated his position on The complaint:
'GeRttemeH Of the Commission: The COM
plant OF X. .. Shlvely, which has just
been read by the clerk, was placed in nv
hands as Chairman OF this commission
on last Monday. have prepared the foi-
lowing document expressing my views
OF the situation and L move its adoption
as the views and purposes OF this board:
''R. y. Shively, a citizen and merchant
of the State OF California, having 1iied q
complaint before this commission asking
Tor general revision of railroad freightS
and iares throughout the entire State OF
California, 1t is proper that in taking cog
nlZance OF q matter OF such magnitude
ana importance this commission should
place upon its records statement OF the
powers Ot the board and OF the views and
purposes OF its members with respect TO
the investigation which is set in motion
by the filing of this complaint and give
proper publicity TO the same.
a
on the 10Th cay OF Match, lSS2, gave eX-
preston 10 its construction OF The state
constitution with respect to the bowers
and duties of the board. 1t then an
nounced that IL only awaited the filing of
n complaint before II TO enter upon All in
vestigation OF railroad freights and fares
as ample rs the complainant might inqi-
cate and as complete as the necessities OF
the situation might require. Upon vari-
Gus occasions since that date this cOmlaiS-
sion has reiterated the statement of It's
readiness TO proceed with revision OF
railroad schedules. and repeatedly invited
the filing OF 4 complaint. 1t has been
urged by certain persons before the COM
mission and elsewhere that ii was the
duty OF the commission to make revis-
ION OF railroad schedules on its own mo-
ton and without complaint. This COM
mission, while ii has stated tnat il posses
Ses tie power to pursue such a course, mas
aDstalueC from the exercise OF such power
1or TWO reasons, which seem TO its mem
berS both SuTIGIent and lust. The first OF
these reasons Is that in proceeding as
important as the general revision OF
lreIghtS and fares, involving the taking
OF a vast amount OF testimony, the ueCiS-
ion or nice issues OF tact, the balancing OF
the scales OF equity between the pro-
ducers and the carriers OF the State and
the doing Of justice 10 both, this commls-
sion should De impartial in its position as
well as in its Judgment, should oc-
cupy the attitude, not OF The prosecutor
OF either party, but as the arbIter be-
tween them both. it would be impoSsI-
bile tor this commission 10 push an inves-
tlgatlon OF railroad schedules as a lillgant
and at its close attempt 10 render judg-
ment as a court. The Constitution never
intended to place this commission in such
an attitude, and we are July satisfied that
the judicial tribunals OF this country
would refuse 10 sustain ii therein or per-
init its conclusions to have the effect OF q
Judgment which the Constitution declares
they should have.
1.-The claim that the commission should
act III the impossible relation OF litigant
and judge at the same time in making a
revision of railroad schedules is so thor
oughly unreasonable and unjust, tnat we
are satisfied it viii not be SAM ItIoned by
the sober second thought OF the people OF
the State.
There is another reason WHY this COM
mission should not be required to 90 into
an Investigation and revision OF railroad
schedules unaided by a complainant
Neither the Constitution nor.the statutes
OF the State have provided the Board OF
Railroad commissioners with any fund
Tor tue expenses OF such proceeding. The
commission depends upon legislative APP
preparations for its current expenses. II
Its outlay exceeds the limit allowed its
members must pay the excess out Of their
private funds ana trust TO the uncertain
1ayor OF the Legislature tor Its return. The
commission has not been fortunate in
having its bills allowed by the State Leg
islature, and the episi6e OF its steno-
grapher being obliged 10 divide the most
OF his claim among the corrupt lobby of
the Capitol in order 10 get his appropria-
ton passed Is still fresh in the minds of
the commission.
The costs and expenses of a general re-
vision cot railroad schedules viii Tar ex-
ceed the usual sum appropriated TO this
commission, and may even equal the en-
tire salaries OF the Commissioners The
members of this commission are williuU
and ready TO bear some portion OF this
expense and trust To the Legislature for
relief but they ought not to be required
TO initiate an Investigation OF this charac-
ter and bear the buraen of its cost alone.
The producers of the State, who hope to
gain by the revision OF railroad schedules.
Should through the complaint carry some
portion at le1st OF the expenses incident
to the Investigation.
''tor the above reasons this commission
has desired that its machinery should be
set in motion by the filing OF COM
plaint. Such complaint is now on tile.
1t asks for the most ample investigation
possible by this commission. Every
transportation company dong business
of the proceedings; every class OF mer-
chandise and every rate upon il is in