The morning call., 1893-01-02
THE SENATORSHIP.
A Statement by Stephen
NJ. White.
HIS RAILROAD ATTITUDE.
The Senatorial Candidate Declares He
Is inconsistency Attacked by an
UnrepreseRtative Journal.

Stephen NJ. White has written the follow
ing letter to The CALL defining his posi-
ton in the Senatorial contest:
Editor Gail: In view of the circum-
stances that the Examiner and the Report are
daily circulating ISLANDERS concerning me L
deem it just to thUse whose SURFACES So
licit and to the community with which l
have been familiar for many years to can
didly state my position with reference to
the charges made
Uis said that am railroad man, aud in
support Of this proposition two arguments
ere adduced, viz: That | am an attorney
of the Southern Pacific Company and that
opposed that part of the Fresno platform
which provided for the abolition Of the
Railroad Commission.
To begin with. am not an attorney OF
the Southern Pacific Company or of any
other railroad corporation On the con-
trary, the only railroad litigation now pend
ing wherein | am interested are suits in
which / represent parties adverse to the
corporation. For example, | might refer
TO Southern Pacific Railroad Company VS..
Brady. No. SO. and Southern Pacific Rail-
road Company VS.. Brady, No. 81. United
States Circuit Court, Ninth Circuit South
ern District of California, involving the
title to lands in Kern County. In these
eases / represent the defendants. l wish
TO add that these are not new Snis but that
they were instituted in 1883. l filed the
answer on Nav is. 1889 and the cases came
no on motion last month and will be dis
posed Of as soon as the Circuit Court can
hear them.
Thequestions involved are very important
and affect a large amount OF property
claimed 10 belong TO the Southern Pacific
Railroad Company, and which claim l ana
my associate are resisting. Then there is
the case OF KOebig versus the Southern Pa
eiie Company and the Southern Pacific
Railroad Company (No 1890 in the Supe-
TiOr Court of Los Angeles County. This
suit was instituted in September, 1891, and
will be tried In January or February. We
are seeking to recover S34, S91 from these
corporations for damages occasiOned 10 GER
tain property of the plaintiff by reason of
the negligence Of these companies.
The assertion that | am an att0I ney of
the Southern Pacific Railroad Company
probably arose from the fact that during a
small portion Of the period covered by the
existence of the firm of Bieknell IL White
that eopartnefship transacted some legal
business for the Southern Pacific Company.
We dissolved more than four years ago. and
my former partner took that business with
him at my request; and with the exception of
few suits and some minor legal matters
which were attended to by the firm before
the dissolution, l never have had any trans
action either with the Southern Pacific
Company or with any Of its stock holders or
managers OF collateral corporations. nor
have l any business or other connection
with these Institutions.
As to the Fresno platform / have this to
say: / did oppose the resolution tavoring
the abolition of the Railroad Commission.
did so thinking was acting for the best
interest OF the people. The majority OF the
committee did not agree with ME and the
platform as reported was adopted. Hence,
as far as the Democratic party is concerned
the matter is settled-at all events for this
CAM aign.
But IT is proper to examine the reasons
for my course, aud therefore. am forced
TO express the arguments which convinced
ME.
eombatted the repeal of the commission
clause of the constitution, because if that
provision be abrogated the power to fix
fares and fTeights must be vested in the
Legislature, and l claimed at Fresno that
no relief can be obtained from that source.
especially when the burden of enacting
law is placed upon the people.
Unless there is affirmative legislation
there can be no relief We tried Legislature
after Legislature until the constitution Of
1879 was adopted. and In no instance were
We successful. The fate OF the Freeman
and Archer bills are matters of familiar his
tory. Experience. bitter experience, has
proven that no good will result from such
change. But we are not compelled TO rely
upon the past 1ntrinsieslly it is absurd to
expect adequate IeRuldtluO lTUm the Legs
lature. The session is only of sixty days
duration. The people have just determined
By an overwhelming majority that they do
not wish Leg stature of 100 days. and the
proposed constitutional amendment TO that
effect has been emphatically repudiated. 1t
seems improbable, with all its other bust
ness, and within such snort period, that
any Legislature can enact an intelligent fare
and freight schedule guaranteed for two
years.
ALL nv To- ice
know that the men TO be chosen must do
this very work. The responsibility is fixed.
The candidates for this office are before the
people asking to be elected 10 an Office where
the only duty pertains 10 the regulations of
railroad affairs Ii foo Ism choice is made
the evil is occasioned solely because of our
lack of diseeTnment and our gross neglect; ;
but if we have not sense enough to defeat
anotoriously unfit candidate with whom We
have had experience, how puerile it Is to
pretend that we will select members Of the
Legislature fully competent and willing TO
effect the needed reform. The assumption
that We, the people. are unfit and unable TO
elect honest Commissioners to do railroad
work, but that we can elect members of the
Legislature in all respects fitted TO perform
the same labor, cannot be recOnciled with
common-sense. II we throw this discussion
into the Legislature the railroad will be
driven Into politics and Will appear more
active than ever, and / must acknowledge
that that corporation is bad enough now in
that respect.
We could easily vanquish such an an
tagonist II we would, but cur State, while
now and then energetic in this direction, is
not TO be counted on for continuous exer-
ton, and especially must this be the case
If our attention is diverted from a leading
issue and scattered over many issues. If
each electOr has his attention specifically
directed 10 the railroad issue ne is more apt
to attend to it inteligently. In such a case
We are required to pass upon the claims Of
a candidate, who, IL successful, Will be en-
powered to decide between the railroad and
the people, and if under this condition Of
things we persist in selecting unfit men,
knowing that they are such, how can we
expect TO do better by exercising our capa-
bllties upon the election of legislators into
whose candidacy dozen or more divergent
considerations largely enter?
Besides, the railroad question should al
ways be presented singly, and should not
be mingled with partisanship. If we are
to elect Legislature TO dispose of this con-
trOyersy we must always be embarrassed
because of outside party politics. Thus, a
Republican refuses TO vote for Democratic
anti-mOnopolist who is running for the
Legislature because United States Sem
ator is involved, and he votes for his party
candidate. knowing that the railroad owns
that candidate, because he Is unwilling to
lose Senator committed to high pr0tec-
ton policy. 1t plainly results that any
plan which mixes the railroad issue with
other cons alterations is a bad one. Even If
the commission Is useless for regulating
business, it cannot be more so than Legis-
laiures have been; and the railroad, while
fighting TO control the commission. will
more likely let other places alone,
1t is said that cur Railroad Commission
ers nave been bad. This Is true, too true /;
but the remedy is not to be found in abolish
ing the commission, but in the election Of
at least two square men as Commissioners.
Why not investigate the present Commits
sioners and prove our charges. ana, If found
guilty, turn the rascals ou.'? 1t will not
take more votes to do this than to suggest
an amendment 10 the constitution.