The San Francisco call., 1896-11-10
WILL ASK FOR
GREATER POWER
Important Anti Railroad
Legislation in
Prospect.
Commissioner La Rue Will Make
Several New and Interest.
ing Suggestions.
LESSONS OF THE RECENT SUIT.
Attention Called to the Long Delay
in Rendering Decision by
the Court.
LESSONS OF THE RECENT SUIT.

At the office of the Railroad Commits
sion work is being pushed with the utmost
expedition on one of the most interesting
and important reports ever submitted by
that BODY to the Governor of the State.
The experience of the past year has been
prolific in the development OF new phases
of the railroad question and the powers of
the commission, and these points will be
made the subject of extended considera-
ton in the forthcoming Communication to
the chief executive.
Particular attention will be paid to the
legal complications that have grown out
OF the case of the Southern Pacific Com
pany VS.. the Railroad Commission, asking
for restraining order against the com.
mission in the matter of rate reductions.
Chairman La Rue has some strong, per-
tinent and novel views in this connection.
and they will be em bodied in the annual
report OF the commission. After review
ing the manner in which the hands of the
comm ission have been lied for more than
a year by the litigation instituted by the
Southern Pacific Company, Commissioner
L Rue will suggest that further legisla-
tion be enacted to strengthen the position
of the commission, and he will call atten-
tion to some of the most important acts
that are desirable.
He will point out that the case now
awaiting Judge McKenna's decision came
up for hearing on October %, 1S95-more
than year ago; that is was postponed
from time to time until the 10th Of Decem-
Der, 1895, before the actual trial began,
and that the case was submitted for
decision as long ago as May 20, 1895. The
report Will then read as follows:
Months have elapsed since the case was sub
mltted. The question as to granting the in
junction as prayed for remains yet undeter-
mined and undecided. Under the temporary
restraining order our hands are tied and we
are powerless TO act in any manner relating to
the correction of Determinations or the fixing
OF rates OF freights and fares where the
Southern Pacific Company is a party.
In this case Of the Southern Pacific Com pany
the jurisdiction OF the commission is ques-
toned, its constitutionality ttacked, and its
power to make and regulate rates of freights
and fares, correct abuses and determinations
denied.
Notdesiring to involve the State in further
litigation wherein the same questions would
arise, we have refrained from attempting TO
regulate or change the rates of either freights
or fares upon any of the other railroads oper-
ated within the State. believing it better for
all parties interested to wait until the ques-
tons now pending IN the Circuit Court OIL the
The questions involved in the case now
pending are of very great importance to the
people OF this State, and as q matter of right
aud justice TO them the case ought to be de-
cided at as early day car be consistently
done that one may know whether the COM
mission has any power and Is TO be of any use !;
whether legislation is required to enable the
commission to carry out the intention of the
constitution and of the will OF the people as
expressed by them by the adoption of said
constitution, or whether we are merely a
commission in name only without the power
to accomplish any good whatever.
After reciting and commenting upon the
two statutes already passed by t Legis-
lature relative to the Railroad Commits
sion, the report will continue as follows:
But little If any more power is conferred by
these statutes upon the commission than is d.
rectly provided by the constitution.
! We are or the opinion tha. TO make the work
OF the commission effective and to enable il
to carry out the provisions of the constitution
In such manner as its trainers intended, and
as the wants OF the people require and de-
mand, further powers should be conferred by
the enactment OF such laws would give the
commission power and make it their duty to
COM pei all transportation companies 10 report
annually to SAID commission, or oftener IL
necessary, giving statement in detail of
their organization and affairs in conformity
with such rules and regulations as shs.l be
adopted by said com mission; also the right 10
regulate the speed OF trains at railway cross
fngs; to compel the erection of bells at same;
the location of station depols. switches, side
tracks, turnouts and spurs for the benefit and
convenience of shippers; to investigate acci-
dents and 10 require the posting of schedules
OF freghts and tares in depots.
The suggestion to give the commission
power to regulate the loca ton of switches,
sidetrar ks, etc., is based on some peculiar
and significant reports that have reached
the ears of the Com mmissioners. One of
these is that some time ago company
bought large tract of timber land in one
OF the northern counties of California, and
after large quantity of lum ber had been
cut from it and was ready for shipment
the Southern Pacific Company took up
its sidetrack from the station near the
tract and the lumber people were left ab-
solutely without means OF transportation
Tor their product, which was thus made
virtually worthless. In this preoicament
they were approached by an individ ual
who succeeded IN purchasing the whole
ou,fit-plant, lumber and tract-for a
mere song, comparatively speaking.
Shortly afrerward the sidetrack of the
Southern Pacific Company was replaced
and subsequent developments showed
that the purchaser was a gentleman very
close to The high officials OF the Southern
Pacific Company.
The last..suggestion, relative to posting
freight and fare schedules in depots IS
due to the present method of eyading the
law, which requires them to be accessible
to the puo.ic at all times. The schedules,
however. are not placed where the public
can see them; instead, there is printed
notice hung up at the various stations in.
forming the reader that he can learn the
rates by application to the agent OF the
company.
1t is understood that Governor Budd is
in sympathy with these views of the COM
mission and will recon- me nded such legis-
lation as outlined in the report and an in
ieresting session of the Legislature, with
the railroad out Of politics, may be looked
for.
r. j. HAMILTON ARRESTED