The San Francisco call., 1896-04-08
Some Interesting Legislative
History of Fifteen Years
Ago.
TRANSPORTATION COMPANIES
Ashbury Heights and Stanyan Street
Improvement Club Begins the
Nickel War.

Inc ASQDuTy 1elSDlS duu ptiu dA
sStreet Improvement Club at its meeting
monday evening struck the keynote of bit
of tune that will play around the ears OF
the Market-street Railway Company Tor
some time to come. 1t is no less than an as
sertion that street railways are under the
constitution of the State subject TO the
same privileges and restrictions as other
transportation companies. Consequently
to-day a committee from the club (E. n.
Fritz, F. w. NJ. Lange and William L.
,Growal) will go before the Railroad Com
,missioners and ask that single passenger
fare on the streetcar lines in San Francisco
DE reduced TO 3 cents.
The following are the resolutions passed
10y the club Monday evening:
WHEREAS, The present management of the
tMarket.street Railway Company have deter
fmined in utter disregard OF the safety, con-
.ven1ence and rights OF the travelling public of
Jhis City and County, TO so conduct their sys-
item as TO wrench from the people all that the
,1rafic will bear, and have by their manner of
restriction so surrounded the transfer system
iof their company with inconveniences and an
,noyances as 10 render the same practically of
little convenience; and whereas said COM
Apsny has, by the abandonment OF parts
OF Its franchises and its refusal TO run
cars on many parts OF its lines at times
suitable TO The convenience OF the public
igreatly injured and decreased the value OF
realty in this City and County; ard whereas
the amount of revenue received from said sys-
tenn is much more than sufficient TO furnish
Just and reasonable compensation TO the own
ierS thereof for the service rendered; and
whereas section % OF article MI of the consti-
tuition OF THIS state, dennlng The power OF Kali
road Commissioners, provides ''said Commits
sioners shall have the power and it shall be
their duty to establish rates OF charges for the
transportation OF passengers and freight by
railroad or other transportation com panies, and
publish the same from time 20 time with such
changes as they may make" and whereas no
authority exists in the Legislature TO limit or
take from the powers conferred upon said Com
misSioners by The organic law OF the State;
therefore be it
RESOLVED. That we demand of said Railroad
Commissioners that they proceed at once to
establish rates OF charges for the transporta-
tion of passengers on the various street rail-
roads OF the City and County OF San Francisco,
and that committee of three members OF this
club be appointed by the chair for the purpose
OF presenting these resolutions TO said Board of
Railroad Commissi oners and taking such ac-
tion in the matter as they may deem expedient
and proper; and further be it
ResotTed, That III the opinion of this club the
present rate OF such charges could reasonably
be reduced to 3 cents per trip without trans
fers
A little legislative history pertinent to
the case will not be amiss at this juncture
In 1879 the New Constitutional Conven-
tion was wres ting nightly with Its giant
tasks. The Committee on Corporations
had the Railroad Commission on its hands
and down to that part of the great battle
field came all the forces OF the Southern
Pacific. The mem bers of that committee
were: NJ. NJ. Estee (chairman), Y. E.
Howard, Charles f. Reed, J. V. Webster,
George Steele, V; A Gregg, II. c. Boggs,
Clitus Barbour, J. W. Winan., John P.
West, ". F. White, Presley Dunlap,
George w. Schell, James +. Dean, Patrick
Reddy and John NJ. Rhodes.
For weeks every section, every para
graph, every line of the proposed act de-
lining the powers of The commission was
fought over without any gain for the trans
portation companies. The laws which de-
fined the powers of the old Transporta ton
Commission which preceded the Railroad
Commission excepted street railroads and
the Southern Pacific's minority in the
committee sought to exclude these lines
from the future attention of the com mis-
sion then being created.
But the attempt was failure and article
XII, section %, of the new constitution of
the State Of California read in defining the
powers of the commission as follows:
Said Railroad Commissioners shall have the
power, and it shall be their duty, to es tai blish
rates OF charges for the trans portation of Das-
sengers and freight by railroad or other trans.
portation companies and publish the same
from time to time, etc.
The Committee on Corporations had
Tuthlessiy denied the prayer of the rail-
roads; and the street railroads, for which
they mad contended were apparently a
part of the "other trans sportation com.
panies" in the fundamental laws of the
State.
Affairs slept until the next LEGISLATURE
met (1880) and the question awoke To re.
newed activity. The Southern Pacific was
more at home in Sacramento that season
than 1t had been the year before and not.
withstanding the fact that a con stitutiona
enactment cannot be modified, restricted
and invalidated by the Legislature. that
body decided that the Railroad Commis.
sion was not in it with a streetcar line.
and in the act of 1880, section IA, said:
The term Transportation companies" shall
be deemed TO mean and include: First-AlI
companies owning and operating railroads
other than street railroads, within this State u
The astute attorneys of the Southern
Pacific builded we'll but better than they
knew, for while they evidently looked
ahead over ten or fifteen years OF coming
prosperity for the Market-street Railway
Company, they could not have known
then TO what mighty proportions the great
corporation would arise.
A. j. Clunie, attorney for the Ashburv
Improvement Club, Claims that no legis-
lative act can limit powers granted and
conferred under the constitution, and con.
seqnently the act of 1880 could not circum.
scribe the powers granted the Commits
Sloners under the constitution creating it,
"ln the same constitution" said Mr.
Clunie yesterday. "the power which the
Legislature may exercise is defined and
limited, and is as follows:
The legislature may in addition 10 any pen
altfes herein prescribed, enforce this article by
forfeiture OF charter otherwise and rnax
confer such further powers on the Commission
ers as snail De necessary to enable them 10 per