The San Francisco call., 1896-09-22
TO MAKE THEM
TOE THE MARK
Determined Action of the
Railroad Commits
Si0nerS.
MATTER OF LOW FARES.
An Interesting Session of the
Board Expected To-
Morrow.
SOME PERTINENT QUESTIONS.
They Are Asked of the Attorney.
General = Steamship Companies
Receive Attention.
SOME PERTINENT QUESTIONS.

There promises to be some interesting
proceedings at the meeting of the Rail-
road Commission tomorrow, as will be
seen from the following communication
addressed to Acknowledgement W.IF. Pitz-
gerald, by Secretary Samuel Newman.
since the last meeting of the board:
At a meeting of this commission held on the
Sth day OF July, 1896, it was determined TO
proceed with an Investigation of the q fairs
OF tne MarKetstreet Railway Company, cor
porat1on organized and existing under The
laws OF this State, owning and operating vari-
Gus lines OF street railways over and 11p0n 1he
streets OF the City and County of San Fran
CISCO, upon winch passengers are Transported
and fares Tor such transportation collected
with view to the fixing by this com mission
OF rates OF charges to be collected by said Mar
ket-street Hallway Company for such services.
and accordingly such Investigation was reTu
larry set ior nearing before the commits sion for
the Tth day OF September, 1895, at 1 p M.
at the office OF said Commissioners in the
Chronicle building, in said City and County
On the 18th day OF August, 1896, this COM
mission issued It's subpoena in form as prepared
by you directed to Joseph L. Willcutt secre-
tary OF SAID Market-street Railway Company
requiring him to appear as q witness befora
SAID commission Tor the time fixed for the
hearing OF said matter and to produce and
bring with him at said time 10 be used on said
1nVesugatlon certain books and papers OF said
Market-street Railway Company then in his
possession as secretary thereof containing
mattersand evidence material on said inyestf.
CATION. Said subpoena was regularly served
upon sald joseph Il Wlllcutt prior to the time
set for said hearing and return thereof duly
made Said commission met on said 7th day
of September, 1896, at l O'Clock p M al ifs
Office and then proceeded to take up said in
vestigation, at which time said Jose oh I, Will
eutt appeared before this commission. accom-
panied by Foshay Walker, as his attorney and
then and there denied the authority Of this
commission to enter upon said Investigation
aud its authority to subpoena him as such wit
ness or require him to produce said books etc,
and then and there refused 10 appear as such
witness or to produce such books, etc. on the
grounds that the commission had no author
ity 10 enter into any investigation of the af-
fairs Of said company or 10 fix rates of fares TO
be charged by 1t.
whereupon said board directed me to obtain
from you your opinion upon the following
questions:
First--Has the commission the power. and is
it its duty to fix the rates to be charged bv
said Market-street Railway Company for the
transportation OF passengers over the various
lines of street railways operated by said Mar
ke1-street Railway Company upon and over
the streets OF the City and County OF San Fran
cisco?
second-Has this commission power to pun