The San Francisco call., 1896-11-18
THORNS FOR THE
SOUTHERN PACIFIC
La Rue Busy Weaving Them
Into a Crown for the
Railroad.
Will Ask the Governor to Aid
Him in the Pleasant
Task.
Legislation Necessary to Punish for
Infractions of the State Con.
stitution.

| Stimulated by the opposition of the
| Southern Pacific Company and its attacks
| on the powers and very existence of the
Railroad Commission of this State, Chair
man La Rue of that body has been max
| ing a careful and close study of the con-
| stitution and legislative acts defining the
| powers of the commission, and some Of
| the results of his researches will be dis
| played in the report of the commission to
| be submitted to the Governor, and which
is now being prepared.
Some of the proposed legislation which
will be suggested in this document has
already been described in THE CALL, but
Mr.. La Rue has since been indefatigably
at work to see wherein the hands of the
commission can be further strengthened.
In article XII of the constitution, defin-
ing the powers and duties of the commits
sion, he has discovered three sections
which define certain acts of railroads to be
illegal, but for which offenses no penal"
ties are attached. These sections read as
follows:
Sec 49, No railroad or other transportation
company shall grant free passes, or passes or
tickets at discount, to any person holding
any Office of honor, trust or profit In this
ticket by member of the Legislature or any
public officer other than Railroad Commis-
sioner shall work a forfeiture OF his office.
Sec. 20. No railroad company or other com.
mon carrier shall combine or make any con-
tract with the owners OF any vessel that leaves
port or makes port in this State, or with any
common carrier, by which combination or
contract the earnings of one doing the carry
Ing are to be shared by the other not doing
the carrying. And whenever a railroad cor
poration shall, for the purpose of compet-
ing with any other common carrier, lower
its rates for transportation OF passengers or
freight from one point to another, such re-
duced rates shall not be again raised or in
creased from such standard without the con-
sent of the governmental authority in which
shall be vested the power to regulate tareS ana
freights.
Sec. 81. No discrimination In charges or
facilities for transport tation shall be made by
any railroad or other transportation company
between places or persons, or in the facilities
tor the transportation of the same classes OF
freight or passengers within this State, or
coming from or going to any other State.
Persons and property transported over any
railroad, or by any other transportation COM
| pany or individual, shall be delivered Mt any
station. landing, or port, at charges not ex-
ceeding the charges for The transportation of
persons and property OF the same class, in the
same direction, to any more distant station,
port or landing. Excursion and eommutation
tickets may be issued at special rates.
Referring to section 10 Mr.. la Rue said:
"Here we have clause prescribing for
| feiture of office for q certain offense in
which the briber is equally culpable with
the bribed. yet no penalty is fixed for the
punishment of the latter. This should be
remedied by legislative act imposing q
hne on any railroad that is guilty of
bringing about an infraction of this section.
''In sections 20 and 81 we find certain
prescriptions, but no penalties fixed for
an infraction of them. Here, too, the
Legislature should come to the aid of the
commission and of the people of the
State.
''The Governors attention will, IN all
probability, be called to these matters in
the forthcoming report of the commits
sion.
cit is certainly most remarka BILE thing
to me that during the seventeen years of
the commissions existence the Legisla-
ture has passed but two acts TO assist
the board in carrying out its work, not
withstandipg that there is great need of
such aid, and it is to remedy this state
of affairs that recommendations will be
made to the Governor