The San Francisco call., 1895-10-18
RAILROAD COMMISSIONERS FIND
THEIR OCCUPATION Is
GONE.
AN UNEXPECTED CHECKMATE.
PREVENTED FROM APPOINTING
SPECIAL COUNSEL BY A
NEW STATUTE.

ing suit of the Southern Pacific Company
against the board is settled the latter S
hands are absolutely tied so far as fixing
rates of freights and fares is concerned
and also that the battle with the great
railroad corporation must now be fought
by the Attorney-General.
The session of the commission was brief
as Chairman La Rue had predicted, but il
was entirely without result, owing to the
existence of a newly enacted statute of
which none of the Commissioners were
aware till it was brought to their attention
in the course of the consultation which
they found necessary to have with Attor-
ney-General Fitzgerald.
When the session was called to order
Commissioner Stanton referred in the fol-
lowing words to the need of special
meeting being held:
The meeting, as I understand it, is for the
purpose of considering the action taken against
the board by the Southern Pacific Company,
now before the United States Circuit Court.
think this board should take some action in
the matter in conjunction with the Attorney
General l think that while have every con-
fidenee in the Attorney-General, we should ap-
point additional counsel as the matter is one
OF such great importance.
He then offered the following resolu-
ton:
WHEREAS. This Board of Railroad Commits
sioners, by order of the United States Circuit
Court, has been absolutely restrained from
regulating the rates OF the Southern Pacific
Company, or its leased lines, for the transpor-
tatiCn OF passengers and freight in the State OF
California, and application has been made by
said company as complainant for a perpetual
injunction restraining and enjoining the
board from the further performance OF its
duties; and whereas, the question TO be decided
is a matter OF vital Importance TO the shippers
OF the State; be ii
Resolved, That this board, in accordance with
section OF an act to organize and define the
powers OF the Board of Railroad Commission
ers, approved April >. 1880, do hereby employ
d. u. Delmas, W. w. Foote and A. J. Clunie as
additional counsel in conjunction with the At
torney-General in all matters in connection
with sUcn action as may be taken before said
United States Circuit Court, or which NAV arise
action now pending, provided the fees and ex-
penses OF such additional counsel shall be de-
termined by the State Board OF Examiners and
paid by the State as provided by law.
When Stanton had concluded its read
ing, Clark asked whether the Attorney
General had been seen as to whether he
required additional counsel.
La Rue answered that he had talked the
matter over with the Attorney General,
who said he did not need any assistance
as he had plenty of help available in his
office. La Rue, however, agreed with
II
importance that special counsel should be
engaged. He admitted, he said, that the
matter of expense should be considered
but he was satisfied that under the circum-
stances any reasonable expense would be
justified.
Stanton declared that the expense was
matter for the State Board OF Examiners
but he believed that in a case like that
under discussion the very best talent OBJ
tainable should be secured. He then went
INTO the merits of the abilities of the three
gentlemen named in his resolution, and
also expressed the utmost confidence in
the ability OF the AttorneyGeneral.
Clark again interposed an objection to
any action being taken without consulting
with the Attorney-General,i if for no other
reason than on the ground of courtesy.
After some further discussion on these
lines, Clark carried his point, and an ap-
pointment was made by telephone to NEE t
the Attorney-Generala as soon as he could
receive the Commissioners at his office.
a recess was then declared by Chairman
La Rue till the consultation could be had.
1t was not long before the word came that
the Attorney-General was at leisure, and
the three Commissioners at once proceeded
TO his office.
They were in consultation for two hours,
and during the conference the Attorney
General surprised the entire board by
quoting to them the following statute,
passed March 10, 1895, amendatory of sec
tion 472 of the Political Code:
The Acknowledgement may appoint one
assistant, who shall be a member OF
the State Board OF Examiners when the a ttor-
ney-General is absent from the capital, and
three deputies, who shall be civil executive
subdivision l. The Attorney-General shall
not employ special counsel in any case EXCEPT
those provided in section 474 OF the Political
Code.
Subdivision 2. The Attorney-General shall
have charge as attorney of all legal matters in
which the State is anywise interested except
the business OF the Regents of the University
OF California and of the State Harbor Commits
sloners, and no board, officer or officers or en-
ploye of the State, except said Regents and
said Harbor Commissioners shall employ any
attorney other than the Attorney-General or
one OF his assistants or deputies in anv matter
In which the State is interested; nor shall any
money be drawn out OF the treasury, or out OF
any special or contingent fund under the con-
troll OF any board, officer or officers or en-
ploye, for the pay OF any legal services
rendered after the passage of this act, the pro-
visions OF any existing statute to the contrary
notwithstanding; provided, that whenever Q
District Attorney in any county of this State
snail, Tor any reason, become disqualified from
conducting any criminal prosecution within
ni sCea county tns Attorney-General may employ
speclal counsel 10 conduct such prosecution,
and the attorneys fee in such case shall be a
legal charge against the State.
Subdivision g. All acts in conflict with This
act are hereby repealed.
Provided, further, that nothing herein con-
tanned shall be construed to prevent or DENY
the rlght OF any board, officer or officers en-
ploye OF the State TO employ or engage counsel
IN any matter of the State after first having OBJ.
tanned the written consent SO to do of the At
torney-General.
Sec. 2. This act shall take effect Immediately.
The Com missioners were then assured
by the Attorney-General that he felt per-
fectly competent to handle the case as il
now stood with his regular assistants.
Should future exigencies require more aid
he would consider the matter of consent
ing to the employment of special counsel.
lie was opposed to 1t at this stage, be said,
purely on the ground of economy. An
adjournment was taken until Wednesday
next.
Referring to the coming meeting Com.
missioner Stanton said in tone deeply
tinged with disgust: ''I really don't see
any use of our holding any more meetings
until this matter is settled, for our hands
are virtually tied so far as fixing rates is