The herald., 1893-02-28
THEYEW|LL NOT Be 0UsTED,
Railroad Commissioners Still in
Their Offices.
The Motion to Fire Them Fails to
Pass the Senate.
Senators seswsll and Burke Submit a
Long Report Recommending
That the Commission
Be Abolished.
By the Associated Press,

By the Associated Press.
SACRAMENTO, Feb. 27.--In senate to-
day the joint senate and assembly reso-
luton charging the railroad commission
ers with incompetency and dereliction
of duty and ousting them from their
Office, was taken up. The roll was called
Immediately, resulting as follows:
Ayes-Arms, Bailey, Berry, Biggy,
Burke, Dunn, Earl, Fay, Gesford, Lang
ford, McAllister, MCGOWAN, Martin,
Mathews, Mitchell, Ostrom, Seawell,
Whitehurst, Wilson-19.
Noes-Broderick, Campbell, Carpen-
ter, Denison, Everett, Flint, Goucher,
Hoyt, Kaher, Mahoney, Orr, Ragsdale,
Seymour, Shippee, Simpson, Streeter,
VOORHEES,. Willisms-18.
AS it took two-thirds vote for the
adoption of this resolution, it was lost.
Goucher offered his minority report as
an explanation of his vote.
Burke and Seawell presented a mi
nority report. in which they call atten-
tion to the fact that the evidence ad-
duced before the committee on constitu-
tional amendments refers chiefly, If not
exclusively, to one portion of the pro-
posed amendment, that relating to the
adoption of q schedule of freights and
fares, designated therein as the Califor-
mia distance tariff. In their Judgment
the testimony shows that it would be
unwise and detrimental to the public
welfare to make this tariff part of the
constitution. While the maximum rate
of fares and freight therein set forth
would doubtless be fair and reasonable
to many of the roads operated within
the state, notably those of the Southern
Pacific system, nevertheless there are a
number of shorter roads of vital impor-
tance to the people which would be
greatly injured, if not absolutely ruined,
if compelled to adopt such rates.
Burke and Seawell also say that q
careful review and consideration of the
evidence leads them to believe that it
would be impossible to frame rigid,
uniform tariff for all or any class of roads
within the state which would deal fairly
with these properties or which would
not be injurious to public interests.
There is such disparity in the cost of
construction, operating and fixed ex-
penses and earnings of the various roads
within the state, that any tariff which
WOulQ O0 JQbb haQ IoubOuBDl0 lOI Ouo
road and just and fair to the public,
another less favorably situated.
To this extent Burke and Seawall
agree with the majority report OF the
amendment which provides for the re.
of the constitution.
R,,rbo opd Goo wa1l aa~ that <ha <aeti-
mony, in 30 far as it touches that point
at all, confirms the general conviction
already formed by the public, that those
sections should be repealed and the rail-
road commission abolished. They say
that IL years of experience with this
constitutional commission has developed
the fact that 1t ia worse than useless,
having failed to perform the functions
for which it was created. They also say
that the thirteenth annual report of the
commission shows that the commission
ers not only failed, neglected and refused
to perform their duties, but that they
are incompetent and have not tried to
qualify themselves for the position.
They seem to have made no effort to cor
rect the abuses for the correction of
which their Office was created. They
have only added to the burdens already
borne by the public, at least to the ex-
tent of their salary and the expense in
CURED in making the discovery of their
inefficiency.
Burke and Seawell do not agree with
the majority that the people are to
blame for selecting unfit men for com.
missioners. They believe that the
selection has been secured by the same
power which seeks to retain them in
ofice-a power which, they regret to
say, seems abundantly able to thwart
the people whenever 1t is its interest to
| do 80.
In conclusion, Burke and Seawell
enter their protestations against further
expenditures on the part of the state to
retain the commission in the interest Of
this power. "Ws cannot believe" say
the senators in conclusion, "that it il
any easier for the people to select three
fit men for the commission than 120 fl
men for the legislature. That is 9
reflection which we are not prepared to
admit. We, therefore, recommend the
repeal Of sections % and 90 of article
XII. of the constitution and that the
regulations Of freights and fares be rele.
| gated to the legislature"