The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-01
REMEDY FOR EVILS.
A Report to the Traffic
Association.
THE STATE LAWS REVIEWED.
What Is Asked of the Legislature in
Reference to Regulating Railroad
Discrimination.

A voluminous report was made yesterday
by the legislative subcommittee of the
Traffic Association to the executive COM
mittee 1t reviews the laws of the State,
which are found extremely deficient so far
as railway legislation is concerned. In CAL
tfornia. il is claimed, the laws have been
lost sight Of and the railroads have not
been treated as public highways. The roads
have been treated as If they were private
property and companies have mortgaged
their rights of way and have discriminated
between persons and localities. On this
suhjert the report says:
A single set of men are thus enabled to cOnsti-
fute themselves intrusive partners In every DuSi.
ness enterprise, and, without contributing cap
ita OF sharing risks. TO appropriate 10 Them
selves such portion of the gross earnings as they
fit. This Is effected by an excessively COM
plicated and minute classification of goods trans
ported based mainly on the amount that the
owner Of each commodity can afford 10 pay tor
carrying il to market rather tlan have it remain
included IA one class In one part OF the State and
IN a different one In another. This vicious
classification Is at the bottom OF most of the
abuses that prevail In railway freighls. II Is all
wrong and. as We believe, unlawful.
The lawful basis for transportation charges
over public roads Is reasonable profit on the
cost OF The service. including therein Interest
on the fixed capital This is the measure of
what the carrier reasonably deserves" TO re-
cei2e for his service, Ii IS 4 coTollary from the
fact that the roads are public highways and the
transporters public carriers. and 10 fact any
other rule leaves the public entirely at the mercy
OF the carrier
Now, as The cost OF transportation is made up
I'm part OF such portion ofthe fixed charges OF the
business as eacn shipment should properly bear
and in part OF the cost Of movement. schedule OF
charges based on the cost OF service would, nee
essaTtly be made up OF two parts, viz, a terminal
or station charge-t0 o- the same on goods Of
like character and quantity, no matter what the
,nan, f1rnr fnpf tnu linn. and q
movement change, consisting Of a rate per ton a
mile of distance traveTsed. In substance this Is
the settlement arrived at In England after much
controversy, and since It's ADOPTION contention
over railway rates has ceased and c0ntentment
taken the place OF dissatisfaction.
The system of classification Is den ounced
as vicious. and commenting on the work OF
the Railroad Commissioners the report says;
So entirely dereiict OF duty have these officials
become that the people, Indignant and out OF
patience with their misconduct. caught suddenly
and without discussion at the idea that IL would
be better TO abolish The commission altogether
ana cry 10 that effect has gone up from all
over the State. This will require an amendment
10 the constitution, which Will ne vote Of
IwO-thirds of the members oil eacl house and
ratification by popular vote, and large number
OF members chosen 10 the coming Legislature are
pledged 10 support such measure.
On the abolition Of the Boaid OF Railway Conn.,
missioners the power and duty OF regulating
fIelghIs should deyOye upon the Legislature. IL
cannot be cOntided TO- any commission created by
questions involved. the amount and extent OF de.
tail comprised in them and the scope for differ
ences OF opinion. Il is morally certain that no
bill regulating the subject and giving any SUBJ
stantia relief TO the public can be passed into 4
law-ceftainy not within reasonable time.
To abolish Tie present comm sSion
without simultaneously providing freight
schedule 10 be in force until changed by legisla-
live authority would be vain, aud such tenn
porary regulation of the question must, TO rem
der il valuable. form part OF any constitutional
amendment aboshiug the commission.
There are earnest reforners who are convinced
thar an enactment prohibiting any classification
OF inanimate merchandise except by weight,
bulk and Ike physical characie ristics, ana re-
qulring The division OF all charges into terminal
aud movement on the principles above referred
10, would be wise aud sufficient one. English
experience points strongly that way and, besides
its intrinsic justice, the determined opposition
OF all railroad advocates 10 II Is no small argu-
ment IN lis favor
The committee suggests a remedy in the
following manner:
II the members OF the Legislature now about
they Will lose no time Ia passing an act 10
remedy the evil. IL can easily be done, for a
foreign corporation can only do business or hold
property Ia the State by the consent of our
Legislators, and the enactment Of single section
can forbid any foreign corporation 10 own tile
stock Of or manage any railroad In this State.
Such an act We have prepared ana submit here~
with.