The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-15
THAT CUT IS A FIXTURE,
There Is No Appeal From the
Order of Railroad Com
missioners.
THE CONSTITUTION SAYS so.
If the Commission Did Not Act In
Good Faith 1t Has Overshot
the Mark.

| The action of the Railroad Commission
| in declaring for Is per cent reduction on
general freight and s per cent on grain
! hauled to points within the State came
upon the people of the State in the nature
of shock of surprise.
Literally it appeared as something too
good to be true. People discussing it on the
street yesterday had fashion of looking
into each others eyes in questioning
way each to discover if the other had
thought he did not wish to express
Others felt no delicacy about expressing it,
but declared fatty that "there must be
some string to it; will reserve my decis-
| ion on the matter until / see or hear more
about it, it is all too big and too sudden"
Some went so far as to express the belief
| that it didn't mean any reduction at ALL
that some technicallty would develop itself
before very long that would prove this.
| This view, however, was limited TO the
| over skeptical-for it was generally adj
mitted that % per cent reduction could
hardly go into effect without reduction of
25 per cent taking place.
| But would it go into effect?-there was
the rub. And on this point seemed to
hinge an all-pervading overshadowing
| doubt.
| All this skepticism naturally could not
have sprung up without certain roots.
They consisted If not in the previous rec
| ord or predictions of members of the
commission, at least in the public esti-
mate OF them.
| Many people, however, accepted the ac-
ton of the majority of the commission in
| the language of Andy Clunie, when he
| lyoI far1a " w aft hqd fn nf
La Rue's alleged expression of regret for
| having voted for the reduction.
| whatever he may have said after the
vote has nothing to do with it," said
| Clunie ''The fact remains that he voted
for it, and that should be sufficient-it has
the desired effect"
Certainly if it has the desired effect no
one will be disposed to bubble about their
subsequent expressions of opinion. The
| prevailing opinion is, however, that it will
not have the desired effect-that is, that
| the Railroad Commission, in ordering
such radical reduction, merely plays into
the hands of the railroad company, giving
| the court to set aside their finding and
| giving the court just proyocation for set
| ting it aside.
| This grows out of the frequently quoted
| threat of the railroad company people that
they would appeal if any deep cut in the
rates were ordered, which carried with it
the assumption that they had the right to
| do SO.
| But have they that right?
The constitution of this State of Cali
| fornia says mo-"
Whatever there may be in all the long
| line of acts of the Legislature that NAV
appear to confer this right, and upon
which the railroad company may be de-
pending, the constitution very emphati-
20 Iu Nv I've
In pointing this out an eminent con-
stitutional lawyer said yesterday:
"To me this whole thing looks like a
mark overshot. One may trace the un-
derground borings of the gopher by the
ridges in the surface. The play was too
plain. 1t was even put up that Clark
should make his protest, as he did. in or
der to fool the suspecting. But there are
not many in this community, with all the
previous proceedings, to draw conclusions
| from. Why the action of Stanton on the
very day before is inconsistent with this
| radical proposition of his. Certainly his
acts and expressions of the preceding
| weeks since his election are so. / believe
the purpose of this reduction is simply to
| put the railroad company in the position
to prevent reduction by appealing to the
court, making a plausible showing and
having the court overturn the order.
Il believe the order was made by advice
could be done. Witness the frequent
quoting of that Texas case. where the or
der of the Railroad Commission was set
aside. But whoever bases opinion either
upon Texas case or upon any acts of Cal
ifornia Legislatures has overlooked the
constitution of the State, and that is
very material oversight. The constitution
clothes this commission with power to fix
the rates, and 1t says that lin all contro-
versies, civil or criminal, the rates of fares
and freights established by said commits
sion shall be deemed ccnclusively just and
reasonable
'The language could not be stronger.
That word 'conclusively' settles the bust
ness 1t admits of no contravention mis-
construction or appeal. The language is to
be found in section % of articletXII which,
after stating that the commission has the
power and it is its duty to fix rates for
freight and passengers upon all roads
within the limits of the State, goes on to
say:
Any railroad corporation or transportation
company which shall fail or refuse to conform
to such rates as shall be established by said
commission, or shall charge rates in excess
thereof or shall fail to keep their accounts in
commission. shall be fined not exceeding 800
600 for each offense: and every officer, agent
or employee of any such corporation or com
pany who shall demand or receive rates in
excess thereof, or who shall in any manner
violate the provisions of this section, shall be
fined not exceeding $4,000 or be imprisoned in
the County Jail for a term not exceeding one
year In all controversies, civil or criminal, the
rate Of fares and freights established By said com
mission shall be deemed concIusipety just and
reasonable. The Legislature may, in
addition to any penalties herein prescribed,
enforce the article by forfeiture or other,
wise. The Legislature shall have
power by two-third vote of all the members
elected to such house to remove any one or
more of said Commissioners from office for
derelfction of duty or corruption or incom-
potency.
THAT, mind you, is the constitution
the supreme and fundamental law of the
State. No acts of Legislatures can avail
against it-any act in conflict with it is
simply imperative. So there you are
The Railroad Commission has ordered a
reduction of rs per cent and whether they
meant to do so or not the reduction will be
made, and no court can set it aside, what
ever pleading is made or evidence is intro
duced. If the commission has been reiy-
ing on that they have overshot the mark
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