The San Francisco call., 1896-11-12
Strong Talk of Defying the
Restraining Order of Judge
McKenna.
WILLING TO BE SENT TO JAIL.
Some Interesting Comparisons OF
Grain Rates Submitted by the
Southern Pacific.

Dr. James I. Stanton, Railroad Commits
sioner of the State of California. young,
bold and impuisive, is chafng under the
legal fetters in which the commission is
bound by the temporary restraining order
ISSUED by United States Circuit Judge Nc
Kenna more than year ago, and which
enioins the commission from making any
changes in the rates of the Southern Pa
cific Company.
In fact Chairman La Rue is also fretting
over the state of innocuous desuetude into
which the commission has been placed.
but being older and more conservative his
impatience is less manifest.
Commissioner Clark, however, preserves
his imperturbabIe attitude without any
apparent effort, and yesterday calmly and
with Just shade of interest listened to
the sensational, almost revolutionary,
tenor of the discussion of the situation by
his two colleagues.
1t was before the commission had been
formally called to order that DR.. Stanton
suggested that everything ought to be
done by the commission TO test the power
of the Circuit Court to effectually tie the
hands of the commission. He wanted the
commission to make a reduction In rates
despite the order of the court. His con-
tention was that while the court might
restrain the commission from carrying
out any particular order it had established
or published, it did not have the power to
anticipate and prevent any future action
of that body. He declared that he was
willing to risk being pronounced IN con-
tempt Of the court, and that he was not
even averse to being sent to Jail SO long as
rhe rights of the people, as represented by
the commission, would De protected and
enforced.
While Chairman La Rue agree with his
colleague that it was a hardship on the
grain-shippers particularly and on all
merchants generally to have the powers
and status of the commission kept in un-
certainty for SO long period of time. he
said he did not see how the situation
could be cleared until the court rendered
its decision in the pending case. To take
any action now that might be construed
as coptumacious, he said, might only
prejudice the mind of Judge McKenna in
connection with the case which he now
had under consideration.
Dr. Stanton explained that he did not
desire to have any action taken for the
mere purpose of defying the Federal
Judge, but was only anxious to ascertain
IN proper legal course just what the status
of the commission is. If it could be tied
up as it was now, he thought it might Just
as we'll be abolished.
While this rather exciting exchange vas
going on Commissioner Clark simply list
ened, grinned bit. listened and grinned.
When Chairman La Rue called for order
routine business was at once taken up,
and the matter OF testing the Federal iu-
dlclaI power over the commission was not
even referred to.
The first communication read was a
brief self-explanatory note from Z. F.
Smurr, general freight agent of the South
ern Pacific Company, to which was at
tached long series of tabuIated figures
indicating from the amount of labor in
volved in its preparation an earnest and
sincere desire on the part of the railroad
to make amends for its I-don't.want-to-
play-in-your-yard policy of the past year.
The epistle was as follows:
SAN FRANCISCO, Cal, Nov. IL, 1896.
Samuel NetoDdn, Secretary Of the State Board o
Railroad Commissioners s-DEAR SIR: In com
pliance with your verbal request of Yesterday
take pleasure in handing you herewith :
S tate ment showing rates on grain in carload:
current september IL, 1895, compared witt
rates named in the Commissioners tariff O
same date and rates current November 9
1896, between points in territory covered b,
your memorandum.
The statement inclosed with the note
shows some significant comparisons in {
manner never presented, and which arr
additionally interesting in view of tn,
source whence they come. Afew of thes,
comparisons are here given:
GRAIN IN CARLOADS Ann IN