The San Francisco call., 1896-06-28
RIDING MAY Be
MADE CHEAPER
Position of the Railroad
Commission Relative to
Street Railways.
NEAR A CRUCIAL POINT.
Decided STEPS to Be Taken at
the Next Session of
the Board.
MAY PUNISH FOR CONTEMPT.
Certain Wafer Transportation Lines
Declared to B. Under Control
of the Commission.

reducing streetcar fares in this City.
Since the last meeting of the commits
sion letters have been received from various
street-raiIway companies, refusing to ac-
knowledge the authority OF the board.
These companies had been requested to
make report of their financial standing
and operations to the commission, but
positively declined to do so.
Meanwhile, the board had asked At
tornev-G eneral Fitzgerald to give it his
opinion on the matter of jurisdiction over
street railways and also over steamship
transportation companies, several of the
latter having also declined to recognize
the power of the board to regulate their
charges for passengers and freight.
In a munication directed to the
commission yesterday the Attorney-Gen-
eral gave it as his opinion that the board S
jurisdiction extended over all steamship
companies operating within the State,
provid ing the vessels of such companies
did not go outside of the marine league
limit from shore in travelling from port to
port.
This practically exempts the line of the
Pacific Coast Steamship Company plying
between here and San Diego and the
steamers running between Humboldt Bay
and this City from the jurisdiction OF the
commission.
Suggestions are made by the Attorney
General to the board as to the course to be
pursued TO properly exercise its auth orlty
over the water transportation com panies.
In the matter of street railways, the At
torney-General refrained from expressing
an opinion, but suggested that the COM
mission take such action as would lay the
"proper legal foundation for a test case
His communication in full is as follows:
am in receipt of your favor of recent date
relative to the "notice and order sent by
your board TO certain steamship companies
and owners OF steamers requiring them to file
with your board reports containing certain
enumerated matters, and calling my attention
to the fact that "tne Wilmington Transports
ton Company has complied with the orders
and filed its report; the remainder have even
failed to ackno Wedge receipt OF the same, ex-
cept the Pacific Coast Steamship Company,
which denies the jurisdiction OF the board
over its affairs" and requesting me to take
such action / may deem proper; also
inclosng copy OF resolution adopted by
the board III reference to street railways" l
am also in receipt of your communication rela-
tive TO your right to regulate the fares charged
for the transportation of passengers by street
railways within cities and towns or between
two towns in this State.
In reply l desire TO state:
First-As to steamship companies and own
ers OF steamers, am OF the opinion that your
board has no jurisdiction 'to regulate or in
terfere with the transportation of persons or
merchandise between points within the State,
if the transportation involves yoy-
age upon the ocean," and that, therefore,
where the vessels of such companies or own
ers sin making their voyages navigate the Pa
citic Ocean more than n marine league from
shore,' even though they touch at no ports
which are not within this State, you have no
control over them whatever. (See Pacific
Coast Steamship Company VS.. Railroad Com
ship Company, M loa g. 5G Cow cowden len 9sFI VS. Pa
cife Coast Steamship Company, "a Cal, 400
If, however, the vessels of any of these com
panies or owners do moi go upon the high seas
in transporting passengers and merchandise
between points wholly within this State, am
OF the opinion that as to such transportation
between such points you have The power and
it is your duty "to establish rates of charges
therefor; that, for this purpose, you are
authorized by law TO examine the ''books,
records and papers" of the companies or per-
sons owning such vessels and that you may
tissue subpenas and other necessary process'
TO compel the production OF such OF their
"books, records and papers" as you consider
it necessary TO examine q constitution OF Cal
ifornia, section %, article KILL
am further OF the opinion that for the pur-
pose of regulating the rates OF any such COM
panies or owners OF steamers as are within
your jurisdiction, you had better proceed in
the III amer authorized by the constitution,
and issue subpenas duees tecnm to the officers
OF the companies or the owners of the steam
ers, requiring them TO appear before you with
such books as you wish 10 examine.
Therefore, if there are any such within your
jurisdiction and it is your intention 10 pro-
ceed further against them, / will, if YOU de-
sire, upon written request from you naming
them and specifying what books, etc, you
wish brought before you, prepare the neces-
sary subpen6s.
Second-In view of the resolution adopted
by your board mt your last meeting, requesting
me to take sucn steps as may be necessary TO
test your right to regulate the fares charged by
street railways for the transportation of pas
sengers, it becomes unnecessary for me to
answer your former letter requesting an
opinion upon that subject. l Will, however,
comply with the request contained in your
resolution, whenever you lay the proper legal
foundation for a test cGse. This, in my opinion,
you have not as yet done. and will, if you SO
desire, prepare such papers, TO be served by
you as deem essential for that purpose.
Railroad Commissioner James l. Stan
ton declared yesterday that the sugges-
tion of the Attorney General would be
followed out at the next session of the
board, which will be held on July S-a
week from next Wednesday.
He said the method pursued in the mat
ter of the street railways would, in all
probability, he the same as that recon-
mended in reference to the steamship
com panies. Subpenas duces tecum will be
issued requiring the officers of the COM
panies or the owners of the streetcar lines
to appear before the commission with
such books, papers, etc, as may be neces-
sary in the opinion of the board to arrive
at an intelligent idea OF the investment,
revenue and profits of the company.
Commissioner Stanton is inclined to
exercise the full power of the board,
which. he says, is given the right to pun
ish for contempt the same as court of
record.
He is of the opinion that any official
who refuses to obey the subpenas of the
commission should be punished for con-
tempt, either by fine or imprisonment, or
both. A more conservative method fa-
vored by others is that refusal 10 obey a
subpoena should be followed by all applica-
ton for writ of mandate to the Stale Su-
preme Court, directed against the recalci- !
trant mpany or officer. The latter |
course, it is claimed, would raise the ques.
ton of jurisdiction and settle the powers
Of the commission in this regard for all
time.
In view of these developments the next |
session of the commission promises to be
)f more than usual interest.