The morning call., 1892-08-24

III COIlcCtiuS All abuse eIONi1g OUT ol
the matter of levying harbor tolls. The
party consisted of Messrs. George H. Puppy,
John Partridge. Henry z. Sonntag. William
ii. Nelson. Henry Gray and Harry E.
Wise, of the leagues committee on public
Walter NJ. Caste.
The three Harhor Commissioners were
present, and tie secretary of the board had
a communication, as follows, on his desk:
THE ATTORNEYS OPINION.
SAN Francisco, August %. 1892.
Gentlemen: / reluin herewith your cOmmu-
ntcatOn. dated the 18Th inst address ed 10 you
by the California League of Progress, which was
heretofore referred TO me for an opinion thereon.
The communication IN question suggests sew
cral changes in reg I'd TO collection ot tolls on
merchandise. which include the following:
Iii st-IIat collections be made ratabIy on
Merchandise arriving in less than ton lots
Second-That stamps be issued ana sold by
you IN certain denominations named for repay
ment OF Toll charges as determined upon.
Third-Thai system OF penalties, fines and
forietiures be adolIed enforcing the affixing and
cancellation OF such stamps as SO provided.
Under the laws defining your duties aud pow
eTs, the board are authorized 10 fix and regulate
the charge for tolls on merchandise, ana in my
opinion II would be q prOfer exercise of such
powers for you TO establish tate of tolls on
goods in less Than ton lots Such change might
with propreiy be prOpOrtiOnately less for frac-
tlOnal part OF ton and Is a matter OF policy
resting altogether In your discretion.
As 70 the issuance by you of stamps TO be can
ceied by cOnslgnees in payment OF such tolls IA
denominations from 1 cent no 10 $50 as sug.
gested 10y the letter under consideration, l find
IL the statutes aud codes no authority for the
establishment OF any such system
However this may be. the issuance OF stamps
without any authority 10 compel their use and
without the right on your part TO impose any
fine, penalty or forfeiture for their non eancela-
ton would render any attempted establishment
OF the system altogether vain and useless.
The Legislature alone has ia power 10 deter
les M MIA
tile d. cisiOns, the right 10 so determine cannot
be delegated 10 ANY board or commission.
Under the act OF March 10, 1891 Stats. 1891
7. ID, the lenalty Tor non-payment OF tolls Is
liked at liability of twice the amount OF such
tolls. and in addition thereto the sum OF SO over
and above such amount.
This would not meet the requirements OF the
suggestion OF The League OF Progress wherein IL
asks for a fine OF 100 times tile value OF the
fixed amount Of TOLL each OffeBse 10 constitute a
msdemeanor and one-half the fine 10 be paid TO
the infOTmer.
Such fines and penalties must be fixed by the
Legislature, aud not by your board. Should
you, however favor the system outlined tn the
league, shah be prepared forthwith 10 draft a
proposed enactment covering the details herein
embodied. and submit lie same. with your ap-
prevail 10 tile Legislature fOr Its passage.
might, perhaps, add that IL has since been
orally argued on behalf of The league that. not
outstanding the Law, the Commissioners might
nevertheless adopt tee contemplated system. re-
lying on the aequiescence OF the public. and
taking bonds from cOnsignees for the use and
cancellation of stamps. / fail. however, TO see
that the board can with propriely exceed the
powers grauted 10 IL by The Legislature aud
take upon Itself personal responsibilities not
warranted by law. Very respectfully,
L. 5. STRATToN Attorney for the Board.
THE SPOKESMAN OF THE LEAGUE.
Mr.. Puppy was introduced as spokesman
for the League of Progress.
Chairman Bassett asked him what the
board could do TO oblige the league Mr.
Pippy replied that before he could say any
thing he would like t. hear what action had
been taken on the communication filed 10
days ago by the league.
Mr.. Bassett thereupon directed the secre-
tary to read the communication from the
attorney for the board.
Mr.. Puppy. in behalf of the league. said
the law had not specified any particular
method OF collecting tolls. If the law had
the board had failed to carry ii into effect
Once the tolls were collected by the issue of
tickets. He saw no distinction in a legal
sense between the issue of tickets aud
stamps. Mr.. Pippy exhibited a bundle of
Southern Pacific freight bills In which con-
signees had been Overcharged. In one in-
stance 30 cents harbOr tolls was charged for
l4l0 pounds, when the lawful rate is only 3
cents ton.
Commissioner Brown advised him that
the remedy for this abuse was to sue the
railroad company.
THANK you, Mr.. Brown" replied Mr.
Puppy, "but we are not hunting lawsuits"
required the board to make an itemized
statement of the amount of tolls received
on each wharf lie asked how this could
be done under the stamp system.
Mr.. Sonutag suggested that a quantity Of
stamps be Issued TO each whartlnger who
should be required to account for the same
Commissioner Alexander remarked that
the merchants certainly had a serious
grievance. and If there was any legal and
practical way of remedying il they were en-
titled 10 relief.
HOW WOULD 1T WORK?
Commissioner Brown inquired how the
league plan would work with the 40 delivery
clerks at the Fourth and Townsend streets
freight depot.
Mr.. Sonntag said he could not enllghten
the Commissioner on this point.
Mr.. Wise suggested that Attorney STRAIT
toms objections were frivolous. He tried
very earnestly 10 convince the board that
the issue of stamps was perfectly praettc-
able plan.
Commissioner Bassett said some wav
ought TO be devised to compel tile trans
DOTtatiOn companies TO simply collect what
the law required and no more. This was
the idea he wanted 10 get at for his sympa-
thies were certainly with The cOnsignees
Mr.. Sonntag said that all the league
aimed at was the adoption of q regulation
by the board providing for the payment Of
tolls on the fractional parts of a ton-say
pounds, three cents for 1909 pounds. four
cents for 1000 pounds and cents for 2OO0
pounds. Under such regulation the trans-
portation companies could not charge a
merchant 3 cents for a single package
weighing only 80 pounds.
Commissioner Brown said that this
would involve the use Of pennies, which
were not in circulation in this city, and
Commissioner Bassett asked Mr.. SOM
tag whether he desired to pack a lot of PEN
MES about in his pocket.
Mr.. Sonntag replied that all they had 10
do WAS 10 90 TO the mint ana get the pennies.
La the East there was no difficulty about
making change and there should be none
here.
Attorney StrattOn said he thought there
would be no legal obstacle 10 an order max
ing tolls payable on portions of ton il
pennies were used.
Mr.. Nelson, attorney for the league. said
he thought this would be road out of the
difficulty and would be satisfactory to the
League Of Progress.
1t was then agreed to defer further con-
sideration OF the subject until Thursday
next. when the representatives would have
further hearing