The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-14
SENATOR FoRD's MOVE.
Discovery of an Attempt to
SmuggIe an important Bill
Through the Senate.
IT CAUSES A STORM OF PROTEST.
The Measure Is Intended to Check
Damage Suits Against the Rail-
road Company.

SACRAMENTO, March Ex-senator With
ington discovered "bug" of the eight
footed kind in Senate bill SOL tonight. 1t
is the offspring of the Southern Pacific
octopus. The bill seeks to amend section
1924 of the Civil Code as follows:
An equitable action may be brought up by
any person to quiet and finally determine ex-
cessive litigation against any person or persons
suing Tor or claiming multiplicity OF penal
ties, or recoveries in the nature of penalties,
provided for by any statute or by any of the
provisions of this code.
The court shall have power in such action
to award damages in lieu of such penalties
and for that purpose shall consider all the
action and award such damages to
each defendant in lieu of such PEN
alties as shall be reasonable and equitable,
together with all the reasonable costs and dis
bursements of such defendants and proper
allowance to counsel, and in such actions may
grant such temporary and final injunctions as
the nature OF the case may require.
Senator Wilmington declared-that it was
| an attempt to repeal the act under which
DR.. Robinson got judgment against the
railroad for refusing to issue him stop
over tickets.
Senator Orr, the author of the bill, and
Senator Ford defended it with plausible
sophistries.
''Why don't you seek to repeal the act
by open legislation?'' asked Senator With
ington.
The discussion lasted till midnight.
Senator Burke made one of the great
speeches of the session. "This is the most
mysterious thing it has been my fortune
to Witness" said he. 81 know that the
Southern Pacific Company could be found
in the snowsheds of the Sierras and in the
valleys, but l never thought it could get
protection in this way" abiding to Ford's
statement that the bill was for the benefit
of miners in injunction suits.
''lf it had not been for Wilmington this
bill would never have been questioned. L
believe in straightforward legislation. l
don't believe in a subterfuge and in get
ing behind poor miner to repeal
an act in the interest of the rail
road. Why does not the Southern
Pacific obey the law? If it had done so it
would not have got into this trouble and
seek shelter behind the miner to es-
cape the penalty for its violation. The
Senate has proved within the last twenty
four hours that it does not belong
to the Southern Pacific. I am glad of it.
If men on this floor seek to get relief for
the Southern Pacific let them come out
openly. have no hesitancy in condemn
ing the underhand methods of the South
ern Pacific. What do you think the people
think of us?
at is more important that the people of
California should have confidence in the
Legislature than that the Southern Pacific
should be exempted from the penalty of
law, which amounts in this instance
to few thousands of dollars the company
hopes to save if litigation is stopped by
this act. Don't you see that if the people
lose confidence in the institutions of the
government the country is lost?"
Ford stated that his duty was a divided
one and he stood by the miners.
"Under this act you could enjoin the
valley from bringing suits against the
miners. 1 ask the Senator from Yolo to
consider that" said McAllister.
''Turn about is fair play" suggested
Ford.
Senator Martin kept asking Senator Ford
to explain how the bill helped the miners.
Ford finally said he was not able to use
medical terms to explain to the doctor.
NLIOH CduoCO Vic OtudJOT from Tlacer
say: 81 mined when you were boy. Now
explain"
do we want to do away with statutory
penalties? Under the McCoppin act a
man can collect $3.50 damages for viola
ton such as the railroad was guilty
Of, said Earl. "But under this pro-
posed law the railroad can bring
suit instead of the aggrieved person. All
the suits can be joined in one in a court of
equity, the right of jury denied, and the
court can chisel the damage down to
dollar
Senator Wilmington sent up an amend
ment to the title. 1t read: ''The South
ern Pacific Company and Market-street
combine, represented in the Senate and
Assembly, do and act as follows"
The amendment was ruled out, but it
brought attention to a typographical error,
and the words do and act'' were changed
to ''enact." The bill went to the printer
and will come back tomorrow, when the
latest attempt of the Southern Pacific
Company at sneak legislation will be voted
upon.