The San Francisco call., 1896-07-09
THE TRIUMV|RATE
WILL DO TIE,
To Serve Subpenas on
Defiant Railway
Officials.
BOARD WANTS EVIDENCE
The Rub Will Come on the Event
of the Companies
Refusal.
DIR. sTANToN's RESOLUTION.
BOARD WANTS EVIDENCE
DIR. sTANToN's RESOLUTION
It Indorses a Schedule of Rates
Adopted by the Southern
Pacific.

Yesterday afternoon the Board of Rail-
road commissioners in regular session
took the initial step in determining
whether or not it has jurisdiction over the
street railway companies to such an extent
that it may compel the companies TO re-
duce their present rates of passenger
transportation. Hitherto the action of
the board in this matter has been charac-
terized by extreme caution and sIowness
of movement. Yesterday it was resolved
to make an investigation of the books of
the companies as a preliminary move
In the event of the companies refusing to
appear before the board with this informa-
ton the case will be carried on writ of
mandate to the Supreme Court. where a
decision may be expected within three
months.
Another highly important matter, the
approving OF the present schedule of grain
rates on the Southern Pacific Railroad, in
troduced by Commissioner Stanton, was
briefly discussed, but on motion of Com
missioner La Rue, who feared inviting
contempt of court by coming into conflict
with Judge McKenna's injunction should
such an adoption be made, the question
was laid on the table for further considera-
ton.
The board listened to the protest of An
drew ]. Clunie against the Southern Pa
clhc's charge OF cents on the creek route
while on the regular ferry line the charge
was 10 cents. He said that this was a vio-
latlon OF the law, and it was the duty of
/ the board 10 insist on the company s
charging uniform rates on the ferry lines.
With regard to reducing the fares La
Rue said thai he did not think that there
he -
eating the profits and expenditures OF the
company, but he did believe such would
be the case if the board should publish q
| schedule of passenger rates.
IF this discrimination exists" said Mr..
| Clunie, sit can be regulated without our
interfering with Judge McKenna's injunc-
| ton in any way"
Stanton was In favor of hearing evidence
on the matter, and suggested that day
be set aside for this purpose.
CIunie said that the COM pany had raised
the rate cents without notifying the
board of its intention, and that this was a
violation OF the State constitution.
La Rue and Clarke believed that action
on the matter should be postponed until
the injunction of Judge McKenna should
be dissolved. a vote to postpone action
was carried.
Letters were read from the different City
and County railway companies, in which
they denied that the Railroad Commits
sioners had any jurisdiction over them in
this regard.
A letter was also read from Attorn ey-
General Fitzgerald stating that he was not
prepared 10 give an opinion as TO whether
the board had right to publish and main
tain a schedule of rates: that he would pre-
fer to await the issue OF the Injunction
case, but that he would prepare subpenas
requiring the presence of the railway Off
cials before the board.
81 told you at the time you requested
the AttorDey-GeneraI for this information, -
said Mr.. Clunfe, that it was too close q
question for him to answer yet. II you 90
ahead and get test case on a subpoena
you will never get any closer to it. You
will never get at the merits of the case by
these means.
''If our information is correct the rail-
ways have been charging exorbitant rates
for the past three months. l want to say
TO you that have evidence from the books
of the railroad men themselves which Will
enlighten you on this matter. If there is
question of doubt it should be thoroughly
decided. The Attorney General himself is
in doubt; he wants the matter decided by
the courts. II you are satisfied after in
vestigation that the rates are too high and
decide to lower them, on their refusing to
do so you can carry the case to the Su-
preme Court and get decision there
within three months.
This board,'' continued Mr.. Clunie,
'ihas more power than any tribunal in the
State. Give the public the benefit of the
doubt in this matter at issue and take the
first step"
"They say" said Mr.. La Rue, ''that
street railway lines are not railroads"
cit would be no small matter to inyesti-
gate this thing" said Mr.. Clarke. ''It will
require time and money"
1T will take no longer than ten days"
said Mr.. Clunie.
On motion of DR.. Stanton it was re-
solved that the secretary be instructed to
prepare subpenas under the direction of
the Attorney-GeneraI to serve on the
officials of the Market-street Railway Com
pany, that the officials may bring such in
formation to the board as it may require.
1t was further resolved that the case
should come up for hearing at the next
meeting, August 81
This information will consist of such
items as bonded Indebtedness. capital
stock, operating expenses. interest, tax
account. miles OF road, etc.
Gould we proceed with the case
though, asked Dr. Stanton, should the
officials refuse TO Gomez"
Mr.. Clarke said that II they do refuse
their refusal will constitute a test case.
On motion of Mr.. Clarke Mr.. Clunie was
requested TO file formal complaint with
the board against the present rates.
a letter was received from the Board OF
Railroad Commissioners of Iowa asking
the board s opinion as to whether ex-
press rates are controllable by the Board
OF Commissioners. The secretary was in
struc.ed to write that in the opinion of
the board rates of express ompanies,
being rates of transportation companies
that work in with the railroad to the
detriment of shippers, are subject to the
control OF the Board Of Railroad Conn
missioners.
A schedule of rates on grain and grain
bags sent by the Valley Railroad being in
consonance with the present system was
adopted.