The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-10-16

CeuL.
The company shows by detailed state
ment that its gross receipts for the year
of 1894 were S3l, ass. 522 81, and expenses,
S3l, 734, 785 81, being a deficiency OF $780,
262 20. For the first six months of the
present year the total receipts are placed
at S14, $50, Us II, and the expenses, SIC, 3l2,-
3t2 10, leaving a deficiency of l,476,-
l76 80.
The petition sets forth that the opera
tions Of the company have at all times
been conducted with the strictest pru-
dence and economy, and reference is
made to the salary roll. 1t states that for
the year ending June 80, 1895. there were
employed by the company seventy-five
general officers, who received during the
year an average daily Compensation OF
SIC %, or total for the year OF 1861, 079 o..
employees numbered 1904, receiving an
average daily compensation of 81 81. or
total for the year OF Sll 81, 667 70.
The petition states that the rates now in
force upon the several railroads operated
by it have been fixed according TO cir
cumstanoes and conditions surrounding
the traffic, aud with a careful regard for
the financial, commercial and COMPETE
tive conditions which enter into, affect or
control the making ana relative adjust
ment of rates and classitications and COM
InOdities In the territory traversed by said
railroad and are equitable and fair to the
patrons of said railroads, and in many
cases are now fixed at the actual cost of
transportation by.reason of competition
with other carriers by railroad and water.
The petition contains copy Of the reso-
luton passed by the Com missloners, In
which the horizontal cut of s per cent. is
made. Then follows the sverment of the
company that there will be no compensa-
tory increase in the business by reason
of the proposed reduction, and that the
rates were reduced by the Commissioners
arbitrarily and without evidence having
been taken or adduced before the board
which showed or tended to show that the
reduced rates would be just, fair or rea-
sonable. 1t is further alleged, in that
connection, that the proposed rates are
unjust and cOnfscatory of the property
rights of the company. Further, the pro-
posed rates, if put into effect, will COM
pei the company 10 carry many classes OF
freight at less than cost. making loss
that cannot be made up by rates on other
commodities fixed by the commission;
that is will diminish the revenues of the
company more that 81, 100000 per annum,
which, with the present loss, will aggre-
gate in excess of 81, 900, 900 for the ensuing
year.
The petition makes plea against the
talked-Of reduction OF passenger rates.
and then calls attention to the pledges
taken by Commissioners LaRue and
Stanton at the time of their nomination,
ii being a part of the platform adopted
by their political party, in which they
promised to make al average reduction
in rates of not less than % per cent The
taking of such a pledge, the company
alleges, wholly disqualified LaRue and
Stanton from acting as members OF the
board
Attention is called to the fact that Com
missioner II. NJ. LaRue for many
years past has been an extensive shipper
OF freights over the lines Of the railroad
operated in California, and as such has an
interest adverse 10 the company III the
reduction of rates withou. regard TO their
reasonableness, and is disqualified to ad-
just and determine the rates OF freight
which would be justly charged. IL is
also stated that the company has not con-
scented Ihat Com mlSSloners LaRue and
Stanton. should fix and establish such
rates, nor in any manner waived any OF
their disqualitications aforesaid, but, on
the contrary, has protested in writing,
filed with the Secretary of the Board OF
Railroad Commissioners, and brought to
the knowledge of the commission. and
both LaRue and Stanton, against either
taking any part in the fixing, esta bllsh-
ing or enforcing OF any such rates, or
making or attempting TO make any OF the
reductions of rates as threatened.
In conclusion the petition sets up the
following legal points:
The petitioner further AYERS that the
provisions of the Constitution of the State
of California ana of the Act of the LegIs-
lature OF said State hereinb before alleged
and referred to, under which said defend
auts are constituted and acting as such
Board of Railroad Commissioners of the
State of California, and the action of said
Commissioners hereunder, are in vio-
latiOn OF and repugnant TO the pro-
visions of Section l of the Fourteenth
| Amendment OF the Constitution of the
| United States in this: That by the said
provisions of the Constitution OF said State
II is declared that the rates of freight
authorized to be fixed and established
| by said Board of Railroad Commissioners
shall in all controversies, civil or crimi-
nal. be deemed conclusiveIy just and
reasonable, and no provision is therein
! contained, nor is any provision contained
| in the said Act of the Legislature of said
State, whereby your petitioner. or any
| other carrier, within the purview of said
| provisions, ls entitled TO a hearing before
said commission; nor is there any pro-
/ vision therein contained for summons or
notice to your petitioner, or any such
| other carrier before said commission
may declare and establish such rates;
| nor Is any opportunity therein provided
| for your petitioner. or any such other
carrier affected thereby, to introduce wit
nesses or evidence before said Commits
sioners; nor is there any right thereby
granted to your petitioner to q judicial
! investigation by due process OF law for
| the investigation judicialIy of the fact az
| to whether the rates now charged by II
are just and reasonable or otherwise, or
| as to whether rates proposed 10 be fixed,
! established and enforced by said commits
! sion are just and reasonable or otherwise;
| that the provisions of the Constitution OF
the State of California herein before al
| legged and referred 10 are made applicable
| only TO railroads owned by corporations
aud companies, aud do not apply to rail-
roads generally, and the f1nes and penal
ties therein prescribed are thereby inn
posed only upon railroad corporations
| and com panies, and their officers, agents
and servants, and are not imposed upon
or made applicable to other owners Of
premises your petitioner is deprived OF
and is denied the equal protection of the
| laws
End of the Joseph Case.
When the case OF Isaac Joseph, charged
with having violated the city ordinance in
refusing TO tear down a partially burned
| building at Sixth and X streets, was
called in the Police Court yesterday, City
Attorney Brown stated that Superior
| Judge Hinkson had decided that Joseph
was illegally held under the provisions oil
| the ordinance and ordered his discharpe