The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-07-03
"FICTIONS IN JUSTICE"

The Southern Pacific company in re-
spending to the competition of the San
Francisco and San Joaquin Valley rail-
road in the matter of grain rates by max
ing a reduction exceeding the per cent
reduction ordered by the board of
railroad commissioners and resisted in
the federal court by the company, has
convicted itself of insincerity and some
thing that bears the appearance of fall
sification. Under the caption of Fic-
lions in Justice the San Francisco Ex-
aminer excoriates the company for it's
course in the following editorial:
A curious phase of the reduction in
rates which the Southern Pacific COM
pany has made to meet the rates OF the
Valley railroad is its demonstration of
the fact that the whole showing made by
the Southern Pacific before Judge Nc
Kenna in it's attack upon the railroad
commission was tissue of fiction.
Here was the situation: One of the
most important courts of the federal
government was called upon to give
weeks of it's time to the consideration
of a case involving many millions of dol
lars and involving an essential element
in the welfare of state. The issue was
made by the Southern Pacific on sworn
presentation of alleged facts, principal
among them being the allegation that
the reduction of rates ordered by the
railroad commission would bring it
ruin and amount to confiscation of its
valuable property by the state. A great
mass of testimony faVoring and oppoS-
ing this allegation was presented, many
days were consumed in the argument,
and the case was taken under advise
ment. The whole case was conducted
with all the gravity and seriousness be-
pOI11inp n n
and justice.
Now comes the Southern Pacific. with
out even having the decency to wait for
the decision, and by voluntarily reducing
its rates far below those which it had
sworn would drive it into bankruptcy
announces that its whole case before
Judge McKenna was based on a shame
less groundwork of falsehood. deliber-
ately sworn to and insistently urged
There was no good reason for its hurry
1t might have had the decency to wait
few days for Judge Mckenna's decis-
ion. Instead of that it took advantage
of the legal fiction that the judge might
not become aware of its exposure and
SO fail to consider it in arriving at a
decision.
Not the slightest regard was shown
for the embarrassing position in which
this exposure of the falsity of the com
pahys oaths, testimony and arguments
would place the circuit judge. No ac-
count was taken of the fact that as an
intelligent citizen he must become aware
of the company's acts following the clos
ing of the case No thought was given
to the extraordinary position in which
these acts would place the court before
the community if, in combining himself
strictly to the law and the evidence
presented at the trial. he should deem
II Just to render decision in the com
DanN & favor. and TINS Ia fs,
hold the shameful fictions on which it's
case was based and work the wrong and
injustice which they were intended to
produce.
1t is not comforting to intelligent and
patriotic citizens to learn indubitably
from the lesson of this case how dan
gerous an instrument of harm power