The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-14
BE SURE YOU ARE RIGHT.

The Railroad Commission has agreed
upon a horizontal reduction of per cent
in existing grain rates. and, by a majority
duction in the general schedules OF the
Southern Pacific Company. If freight
schedules framed upon the basis of these
reductions will stand the legal test which
the railroad company has already indi-
Gated its intention to put them to, they
would doubtless be vast benefit to the
merchants and producers of California.
The burning question of the occasion is,
therefore, will the proposed reduction as
determined by the commission stand the
test of a judicial inquiry?''
There is something ominous in the eCua-
nimity with which the railroad company
waited for and received the decision of the
commission in this matter after all of the
evidence was in. 1t is undeniable that
thus far the record as to the equity of its
existing schedules has been made up by
the Southern Pacific Company and is
composed exclusively of the evidence
which it produced. The Railroad Com
mission has made no attempt to Offset
this evidence with testimony upon the
peoples side of the case. In his argument
as to the propriety of reduction of
schedules by the commission the attorney
of the railroad company emphasized the
legal proposition that the decision reduc-
ing freight rates must be based upon a
record containing evidence of their inequi-
ties i'll order to stand the test of review
by the courts. The Railroad Commission
appears to have entirely ignored this sug-
gestion, except as Commissioner Clark
made an unayailing motion based upon it
yesterday.
In view of the importance of the present
and proposed action of the Railroad Com
mission in this matter, would it not be
well to have the opinion of the Attorney
General as to its power to reduce freight
rates, with or without evidence in it's
records tending to justify such reduction?
The people of California wish no mistake
made in this matter, and will not patiently
bemisled by the commission, or by any
member of it, attempting to made re-
duction in freight rates, which the COM
mission and its members are forewarned
is illegal. The time has gone by for
buncome resolutions and political clap
trap to emanate from the Railroad Com
mission and to succeed in deceiving the
people, and the Commissioner who hopes
to swim into public favor and political
preferment by such methods will find
them millstones about his neck.
The commission has adjourned to meet
upon Tuesday next for the further consid
Grafton of the subject in hand. By that
time an opinion can we'll be secured from
the Attorney-General with reference to the
legality of the action thus far taken. Such
an opinion should by all means be OBJ
tanned in order that if the commission is
thus far right, and if its members are
honest in their resolve to reduce the
burden of freight schedules, they may go
on fearlessly with the work they have
undertaken; and if the action thus far
taken is in any respect illegal the commits
sion may repair its defects before the
matter is carried into the courts. The
members of the commission should be
sure they are right and then go ahead,