The morning call., 1893-02-14
His Argument Read to the
Committee.
COLONEL BARRY'S SHOWING.
The Traffic Association in HarInO-
NOUS Accord With Its Manager.
Senator Gesford's Comments.
Special TO THE MORNING CALL


tie hearing of the arguments on the Leeds
amendment
Colonel Barry opened in behalf Of the
Traffic Association. Ia explaining the
enforced departure Of Mr.. Leeds he pre-
sented a duly attested document OF con-
fdenee from the ASSOCIATION in their man
a-er. He was in the East arranging the
shipping interests of the association. Colo
mel Barry then read the following paper
vnch had been prepared by Nj. Leeds;
SAN Francisco, Feb. i. 1898
Han. Glv c. EarL Chairman Committee
On Constitutional amendments, SGcrG-
1ent9. CaL-DEAR SIR: 1t has become
necessary for me to go East on business
which in its nature is imperative, and
which viii render it impossible for me 20
appear before your committee in person to
further urge the merits of Senate cOnstitu-
tional amendment No. s, introduced by
Senator Gesford on January II. and now
pepdiBg before your committee. l there
fore beg that you grant me the privilege OF
submitting some Of the points would de-
sre you 10 consider. in writing. Before L
enter upon the subject l want 10 mention
report which it appears has been given some
currency evidently by the opponents Of the
measured to the effect that there Is differ
ence of opinion between myself and the
executive committee Of the Traffic Ass0cia-
tion as TO the methods adopted in
our work. and with particular refer
eace to this amendment, which Is under
stood 70 be inspired by the said asSOcia-
ton. l desire tO say that so far as / am
aware there is not a dissenting member Of
the committee, and | assert here that l am
in fuu sympathy with the movement; and,
further, that there has never been a time
since the organization of the association
when the committee has been more uHaHi-
nous than at this time. II there is dis
senter the fact has not been developed in
anv Of the deliberations of the committee.
/ therefore pronounce al such reports. from
whatsoever source, as false in their entirety.
/ refer TO this matter only because Of the
possible effect it might have upOD your com
mistee or tie legislators who will be called
upon TO consider this amendment With
reference to the abandonment Of the conflict
Uu the way Of legislation with the railroad
monopoly 4 California by the Traffic As
ISOLATION or by myself, there is at this time
~ Intention Of such a course, rs time will
doubtless prove.
This amendment as at present before your
committee contains virtually al OF the
principles which ara set forth in the orig
Iual draft. The alterations in detail have
been arrived at, after consideration with
Senator Gesf0rd and others, as defects were
pointed ont, and il would be strange If none
ere found in q measure affecting tie
whole transportation interest Of tie State.
The amendment as il now stands is entirely
practicable. assure you that in the use Of
il the plan Of a distance tariff as a general
basis IS no experiment. Outside Of Central
and Northern California the use Of distance
tariffs. made up on practically the same
plan as The one submitted, is almost as uni
Fersal as railroad transportation. [ know
of no other exception 70 the rule. Il ceT-
fain.y possesses the merit Of equity, il that
the practice Of Determinations between
shippers and places Is less liable to occur
and IS more difficult for the carrier to con-
ceaI, because il insures at least reasonable
rate to all shippers, which It can be easily
demonstrated is not true OF California at
this time. Il enables a manufacturer to
establish business at any point without
first going into partnership with the carrier.
i also admits OF the development Of the
resources Of one point as well IS another,
even though the carrier may be an in En-
e5ted party and under present conditions
Discriminating between points and individ-
uals.
The plan OF introducing this tariff into
the organic law of the State, admit is an
innovation, and has been the source Of some
Idicue on the part Of the opposition, but l
desire 10 say that ridcue is not argument.
and they have not been able to show that
it is unconstitutional. The plan Ger
tainly possesses the merit Of placing the
carrier in The position of supplicants for
legislation Qnstead of obstructionists) pro-
yided that changed conditions Of a road
under the operation Of the law may show
=. IL TO be necessary; my view Of the measure
being that its operations upon a road earn
ing over $1,000 ger mile would be arbitrary
only until the following term Of the Legs
iature, if by chance they in the meantime
earned less; tie fundamental principle
being that the Legislature shall fix the rates
OF charges Of all roads in the State
At all times; that the maximum
rule shall apply only TO roads which
earn more than $1,000 per mile; that
This tariff shall cease TO be operative on all
roads in the State as soon as the Legisla-
ture shall have performed the duty i'm
posed upon 1t under the constitution as
amended. 1 hold, further, that by the
adoption of any tariff of uniform applca-
tion to the roads Of the State, at least as
much time as the period at which this tariff
could become effective until the following
Legislature would be necessary to develop
tie full effect OF its operation upon the
roads and the commerce in the territory in
which it is applied. The plan Of putting
The western classification in effect in thi:
5 ale and making il particularly a part oil
the Organic law Of this State has been sub
ject TO some criticism, and some T.dicule
has been INDUCED in by the opponents, be.
cause reference is made to j. r. Ripley
chairman. This, however, refers to the
title only. and is 10 make the description oil
the document perfect and unmistakabIe
As to the merits Of the classified
ton, l will say the universal
use OF It in all of the States and TerFltorie.
west Of Chicago and the Mississippi River
California included, except the Southern
Pacific CompaDy's roads in the central anC
northern portions Of the State. also that theI
use it on through traffic on all portions O.
their system of the road. ought to constitute
areasonable assurance that California could
with a reasonable degree Of safety, aecep
it, in lieu Of such documents as are at pres
ent in use, particularly as there is no reason
Why exceptions to it may not be made wher
It is found to be too high, and it is hardly
probable that the people would suffer an.
material damage by reason of its being to-
low. There is also another reason why i
should be adopted: you now have in effec
in the State three classfcatiOns, the west
ern and the two (so-called) local classified
tions of the Southern Pacific Company, al
Of them governed by widely different rules
The free business intercourse between diff
ferent portions of the country requires a
Uniform rules and classification as it i
practicable TO have q refer 10 the local o.
state traffic., aud it, is well known that