The record-union., 1895-09-19

Railroad Commissioners, explains itself:
TO the Honorable Board Of RdiLrodd
| Commissioners, State Of California, La
Rue. Clark. Stanton: The Southern Pa
| cific Company, in the assertion and for
the maintenance of its property rights
and those of its lessons, protected by the
provision of the Constitution OF the
| United States, protests against your pro-
| posed action liking and establishing its
! freight rates, as threatened. outlined and
declared by your resolution adopted on
! the 18th day of September, A. d. 1895, and
entered upon your official records. AS
grounds OF protest this company speci-
| fies:
First-The personal financial interest
of the Chairman of your honorable board
III obtaining the greatest possible reduc-
tlOn OF transportation rates for land pro-
ducts, and this by reason of the fact that
he Is one of the largest, if not the largest,
landowner and shipper by rail of land
products IN the State. should disquality
and does disqualify him from officially
acting and passing upon the subject of
those rates in which he has so large
! financial interest. 1t is not consistent
with natural right that any person should
officially sit and act and pass judgment
upon subject in which his own fnan-
cial interest is directly involved and
which can therefore be largely promoted
by mis- decision.
Second-The majority of your honora-
bic board are disqualified from acting in
the promises, because bound in advance
OF any investigator or consideration of
the merits of the subject TO largely ra-
duce the compensation to be received by
this company for its services in trans
portation within the limits of California,
and this by reason of the unqualified ap-
proval, acceptance and Endorsement of the
platform, resolutions and requirements
OF organized political conventions and of
their having promised and agreed to
carry out in their official decisions the
wishes OF the Nom mbers OF such conven-
tlons, as expressed in their Platforms,
resolutions and requirements, adverse to
the property rights of this company.
The majority OF your honorable board
having been elected To their present posi-
tions under and by reason of such appro-
val, acceptance and indorsemant, prom
lse ana agreement, are not free TO act and
cannot act impartially in passing upon
subject involving the property rights OF
this company, and are not qualified to
fairly investigate here and determine
when not wholly free to render such de-
clslon as good conscience and unbiased
| Judgment might demand
Ihlrd-Ihe evidence, testimony and
| proofs before your honorable board OF
record as the law directs in your official
the facts are that this company has not
received and is not recei wing from its
rates for transportation now in force suf-
| fcIent revenue TO pay any dividend to
| its stock holders, and has not received and
| is not receiving from It's rates for trans
| portatlon now IN force revenue suffi-
cient TO meet the necessary costs and the
necessary fixed charges of the operation
and maintenance OF the railroad lines Op-
1
official records do not show, and there is
not any evidence testimony or proof 10
the contrary. Notwithstanding these
established facts, the majority of your
honorable board have deliberately
pledged themselves, by the terms of your
resolution adopted on the 18Th day of
september, 1879, TO make such further
reductions upon the freight rates of this
company now IN force as shall constitute
an average reduction of IS per cent.
! thereof, and TO at once proceed to make
and enforce freight rate schedules accord
lngly.
By the adoption Of this resolution the
majority of your honorable board have
| decided TO further reduce the revenue of
this company from freight transportation
| in the State OF California in the fixed
amount OF 70 per cent, to be apportioned
as an average reduction upon its freight
| schedules, but to be absolute in it's effect
upon the company's revenue in advance
| of ascertaining or determining what, il
any, rate is unreasonably high and
| should be lowered, and have definitely
determined, Notwithstanding the proofs
shown by our own records, and which is
/ without even the shadow OF contradic-
! ton, that this company Is not receiving
for the services rendered by it IN trans
! portation revenue sufficient to meet the
necessary costs OF operation and fixed
charges OF It's railroad operation and
! maintenance, to reduce the income from
its present freight rates in the fixed
| amount of % per cent. TO be hereafter
averaged and forced upon its present
! freight schedule rates for classes and
commodities and between points which
| you could not at the time Of the adoption
of your resolution specify for the want OF
| necessary information as TO present rates.
| The Southern Pacific Company is ad-
vised and believes and therefore charges
that in so proceeding you are not acting
under any warrant or authority of law,
but are unlawfully invading its property
rights and are turning the form OF regu-
lating into the fact OF confiscating its
property, and that said resolution was
adopted by the majority OF your honor
able board, and such further action is
contemplated by them pursuant to the
pledge taken by them as aforesaid and
not upon proof and determination as to
whether the present rates OF said COM
pany are reasonable or otherwise. In so
proceeding and acting you will take its