The record-union., 1895-02-04
METHODS OF REGULATION.

The Constitutional Convention which
framed the existing organic law was very
largely the outgrowth of the Kearney
movement. The numerical majority be-
longed to what was then known as the
Workingmens and Changers parties.
The non-capitalist classes were dominant
in the convention. They did not, how
ever, weigh as much as they counted.
The conservative element of the conven-
ton possessed the highest intelligence,
and Intelligence, sooner or later, comes
to be majority. if by majority is meant
q dominating force.
The Railroad Commission was created
by the new Constitution. Dennis Kearney
himself has recently undertaken the task
OF discussing the unwritten history of the
new Constitution. He declares that the
railroad companies were opposed to the
Railroad Commissioner clause of the new
Constitution, and in this his statement is
clearly in accordance with historical
facts. The conservative elements of the
convention opposed it because of its ex-
treme radicalism. In brief, it was the
work OF innoyators.
1t is not little strange that the nature
of the commission has never been sub
ject of judicial determination. It has
never passed under the review of a great
jurist The people of California were
tired of the attempts on the part Of the
Legislature to regulate freights and fares.
The Legislature is not competent TO en-
act regulative measures. If commission
had been appointed with q view Of mas
Iering the primitive problems of trans
portation and their influence upon in
dustry and commerce, and also with a view
OF correcting and directing legislation on
the subject. the measure would have been
coherent with common sense; but q COM
mission was created which by the terms
OF the Constitution itself was made in
fallible, by declaration that in all contro-
versies, both civil and criminal, arising
out of the regulative proceedings of said
commission, the rates established by the
commission should be deemed concius-
i've, just and reasonable. The Legislature
was denied the privilege OF interfering
with its prerogatives except by way OF
impeachment. The Executive OF the
State had neither voice in its councils nor
control of its action. The representatives
of the railroad interests OF California Sc
cured an amendment, after long and
bitter struggle, which recognized the
judicial department oE the Government
The railroads secured the addition of the
words "aud correct abuses through the
medium Of the courts.'' This amendment
received the unqualified opposition of
the entire KearneyiJe faction, led by the
homes: Beerstecher, Clitus Barbour,
Judge Campbell and David Terry. ali of
them men known to be of the highest
moral, intellectual and social worth.
But FOR the railroads then, the Railroad
Commission OF California would have
been, in its entirety, q fourth department
of the Government, independent of the
executive, legislative ana judicialsde-
partments, law unto itself, creation of
the Constitution coordinate with all other
departments OF the Government; and
this, indeed. was the original intention.
We have already stated that the railroads
of California opposed the creation Of
this commission. What they would
have proposed is another matter.
In all probability they would have
preferred , commission with advisory
powers. But be that rs it may, the COM
mission existing to-day is the spasm of
the sand-lot and its journalistic allies.
The RECORD UNION opposed the meas
ure when It was before the convention.
aud opposed the adoption OF the Consti-
tuition on account OF it. The theory upon
which il was adopted was that the ship
per would elect the commission, having
the power TO determine absolutely. in
fallibly and arbitrarily the rate at which
the shippers should be served. twas a
plain instance Of enfeebled public morals.
The shipper WAS numerically the strong
est, and he devised a means whereby he
could determine arbitrarily the rate at
which his goods would be carried over