The herald., 1896-10-27
of any derelic..on ot duty, incompetency

OF any QerellcSlOu " QUtyp iuIOupStcuCy
or corruption in office
Third-Said committee shall also re-
port what proceedings, II any, are nee
essary or expedient to be taken in the
premises
"Fourth-SaAd committee shall have
power to send for persons and papers,
to employ a stenOgrapher, and shall re-
turn and report to this house all the tes-
timony and proceedings had and taken
pursuant to this resolution.
"Fifth--Said committee, If in their
Judgment 1t Is necessary. may preIent
articles of impeachment against one or
more Of the commissioners"
This resolution was ardently supported
by Mr. Barlow, but on Jan. II, 1893, page
10S, the following substitute was offered
to-wit:
Resolved. by the assembly of the state
of California, the senate concurring.
That the said William Beckman, J. M.
Litchfield and ]. W. Rea, railroad COM
missioiners as aforesaid, be and they
are hereby removed from said offices of
railroad commissioners, and the said
offices are hereby, each and everyone of
them, declared to be and are vacant.
Mr. Barlow opposed the substitute on
the ground that it was irregular, illegal
and unconstitutional; therefore, any ac-
tion taken In 1t would be null and void.
He voted In favor of the original resolu-
ton, which was legal and constitu-
tional method by which an officer may
be impeached for dereliction of duty,
corruption or incompetency. The con-
stitution guarantees to every man the
right to a hearing on every charge pre-
ferred against him. The substitute did
not allow that right; the original reso-
luton did, hence the substitute would
have been, as results proved, wholly
ineffectual, and Mr.. Barlow, knowing
this, voted for the original resolution,
which would have successfully investi-
gated the railroad commission.
In regard to what Is known as the
Godchaux schedule Of rates of freights
and fares. entitled constitutional amend
ment No. II. it provided ut all
specific rates should be fixed between
was a bulky, unwieldy and impracti-
cable method of trying to arrive at q
just schedule.
On page $50 Of the journal for the as
sembly for the year 1893 being the
thirtieth session of the California legis-
lature, appears proof that should con-
vince any reasonable man that the Hon.
Charles A. Barlow has constantly and
consistently fought the aggressions of,
not only the Southern Pacific railroad,
but every other railroad corporation,
infringing on the right of the people to
reasonable rates and wares, as follows:
Mr.. Barlow moved the following
amendment No. III
"A resolution to propose to the people
Of the state of California an amendment
to the constitution Of the state, by add
Ing new section to article of said con-
stitution, to be known and numbered
as section 36, relating to railroad freights
and fares.
Resolved. by the assembly, the senate
concurring, That the legislature of the
state of California at its thirtieth ses-
sion, commencing on the I'd day of jan
uary, A. D. 1893, two-thirds Of all the
members elected to each house of said
legislature voting in favor thereof,
hereby propose that article of the con-
stitution of the state of California be
amended by adding to said article a new
section to be known and numbered as
section 36, and to read as follows:
Sec. 36. The assessed value of the
franchise (other than federa), roadway,
roadbed, rails. rolling stock, or other
property, of each and every railroad in
part or wholly within this state ,as an
nually fixed and approved by the state
board of equalization, or other legal au-
thority, shall be and constitute the basis
or value thereof in the determination
by the railroad commission, or other
authorized body, in establishing the
rates OF freights and fares which shall
be charged by each railroad company
for the transportation of persons and
property over the lines of such railroad
IN this state. In adjusting and estab-
iish1ng the charges for such transporta-
ton service, the railroad commission.
or other authorized body, shall estab-
lish rates of fare and freight which shall
yield an annual revenue of per cent
over and above the cost Of actual and
necessary repairs, taxes and operating
expenses. 1t shall be the duty of the
railroad commissioners or other au-
thorized body, to examine the books
ana accounts Of each railroad compa-
ny operating in this state at the end
OF each fiscal year. and If upon examine
ton it shall appear that a greater NET
amount than per cent has been real
lied during such fiscal year by any
railroad operating in this state, then
and In that case such railroad commits
sion shall notify the state controller and
the state treasurer Of such excess and
the amount thereof, and the state treas
urer shall Immediately make a written
demand upon such railroad company
to pay the same over to such treasurer
upon such demand being made. Upon
the receipt by the treasurer of the
amount of such excess he shall turn
the same into the general fund of the
state for the use and benefit of the
people. Upon the refusal or neglect of
any such railroad company to pay such
excess as herein provided. the state
treasurer shall notify the attorney gen
eral thereof, who shall Immediately
commence proper legal proceedings to
enforce the collection of such excess
for the benefit of the people of this state.
IN lieu OF the examination of the books
herein provided for, the railroad COM
mission may. at the end of each fiscal
year, demand from. any railroad com
pany owning or operating any railroad
Witnin this state, a detailed report of
its business and earnings, which de-
tailed report shall be made within
thirty days from the date Of such de-
mand, and shall be verified by the an
davit OF not less than two of tho
principal officers Of any such railroad
companies, and 1t shall be proven hv
such report or otherwise that the rail-,
road commission, or other authorized
pody, has established the rates of
freights and fares on any such railroad
Tor such fiscal year below a rate neces-
sary to pay the eight per cent per annum
net income. as herein provided. then
ana In that case the railroad com mis-
sion or other legal authority by law mo-
vided, shall establish rates on sucb
railroad for the ensuing fiscal wear a
Will make up the deficiency during the
previous year. '''e
Mr.. Barlow's substitute strikes. tho
Keynote for an equitable basis OF fixins
the rates of freights and fares. Under
the present system the water valuation
or railroad companies are taken bv the
railroad commissioners as the basis of
fixing freights and fares and the co,,rts
allow rate to be established that will
yield 8 per cent on these f1cfitio,,S .,oI