The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01
JUDGE KENNA's DECISION.

The long-awaited decision of Judge Nc
Kenna in the case involving the powers
and duties of our State Railroad Commls-
sion has been handed down at last ana
will be found fully reported in the local
columns of THE CALL. So far as the out
come of this case has been expected to set
at rest the ques ton as to whether the
freight and fare schedules of the Southern
Pacific Company are reasonable the de-
cision of Judge McKenna will be ais
tinct appointment to the people OF Can-
fornia. Its only effect is to decide that
the attempted action of the Railroad Com
mission which led to the interference OF
the Federal courts was illegal in so far as
it attempted to effectuate positive and
present reduction in grain rates.
When the present Railroad Commission
entered upon the discharge OF its duties
somewhat less than two years ago and an
nounced its intention TO make material
reductions in the schedules Of the South
ern Pacific Company, THE CALL endeav-
ored TO suggest to it the legal limits OF Its
authority and to indicate the procedure
which would render its decision safe in
the event of an appeal on the part OF the
rsilroad to the Federal court. We then
insisted that the Railroad Commission
was legal body invested with certain
judicial functions in the regulation of
freights and fares. We argued that as
such it should proceed as other judicial
bodies do. to take testimony, hear wit
nesses, examine books and secure suffi-
cient accurate information upon the SUBJ
iect to enable it to render a judgment
which would resist assault in case of an
appeal to the courts.
We warned the Railroad Commission
that any other course would result in
nothing put delay and confusion and
would eventuate in the reversal of any
action which the commission might take
by the Federal courts.
In spite of this warning the Railroad
Commission proceeded to arbitrarily re-
duce the grain rates of the Southern Pa
cifc Company per cent below the then
existing schedule, and to resolve upon a
general reduction of 25 per cent in all the
schedules of that company. 1t was this
arbitrary action which speedily brought
the Railroad Commission to the bar of the
Federal court, and which has led, as we
prophesied it would, to the present de-
clsion.
The position which THE CALL took with
reference to this subject Judge McKeDna
has fully sustained. He decides that the
Railroad Commission is legal body pos
sessing certain judicial and legislative
powers; that its judicial power is to be
exercised upon the subject of railroad
schedules, and that in the regulation
thereof the commission should hear and
should be governed by the same evidence
which has been submitted to the court;
that its judgment is the subject of review
by the Federal judiciary by reason of that
section of the constitution which declares
that no person shall be deprived of his
property without due process OF law.
The decision of Judge McKenna indi-
Gates clearly and conclusiyely to the Rail-
road Commission what its duties are, and
points out the precise course to be fol-
lowed by it in its future attempts at the
regulation of freights and fares. 1t also
indicates with more or less conclusiveness
that the State Board of Railroad Commits
sioners is about as useless body as the
makers of our constitution could well have
conceived