The San Francisco call., 1896-04-09
The Board Will Receive Advice
From the States Attorney.
General.
DOUBTFUL OVER JURISDICTION.
Commissioners Are Not Certain as
TO Their Powers in the
Premises.

The Railroad Commissioners met yester-
day and were requested TO take immediate
action on the question of reducing street
car fares in San Francisco from TO 8
cents.
A committee consisting of E, n. Fortz,
F. W. Growell and F. w. Lang, from the
Ashbury Heights Property-owners' Asso-
citation, with their attorney, Andrew
Clunie, appeared before the commission
with a request contained in these resolu-
lions:
WHEREAS, The present management of the
Market-street Railway Company have deter
mined, in utter disregard of the safety, con-
venience and rights OF the travelling public of
this City and County, TO so conduct their sys-
tenn as TO wrench from the people all that the
traffic will bear, and have by their manner
Of restriction so surrounded the transfer system
OF their company with Inconvenience and an
noyances as 10 render the same practically OF
little convenience; and whereas said company
has, by the abandonment OF parts OF It's iran
chises and is refusal TO run cars on many
parts OF its lines al times suitable 10 The con-
Tenlence OF the public, greatly injured and
decreased the value OF realty in this City and
County; and whereas, the amount of revenue
received from said system is much more
than sufficient to furnish a just and reasona-
bic compensation 10 the owners thereof
for the service rendered. and whereas
section % of article XII Of the constitu-
ton Of this State, defining the power of Rail-
road Commissioners, provides said Commis-
sioners shall have the power and it shall be
their duty to establish rates of charges for the
transportation of passengers and freight by
railroad or other transportation companies,
and publish the same from time TO time with
such changes as they may make; and whereas
no authority exists in the Legislature 10 limit
or take from the powers conferred upon said
Commissioners by the organic law of the State;
therefore be it
Resolved, That we demand of said Railroad
Commissioners that they proceed NJ once TO
establish rates OF charges Tor the transporta-
tlon OF passengers on the various street rail-
roads OF the City and County of SCI Francisco,
and that a committee OF three members OF this
club be appointed by the chair for the purpose
OF presenting these resolutions to said Board
Of Railroad Commissioners and taking such
action in the matter as they may deem expe-
dent and proper; and further be il
Resolued, That in the opinion of this club the
present rate OF such charges could reasonably
be reduced 10 cents per trip without trans
fers.
The full board was present, and each
commissioner had an opportunity of
presenting his views on the matter. They
were not quite clear as to their powers and
jurisdiction regarding streetcar lines, and
were insistent that the board should re-
ceive instructions from the Attorney
General on these essential points before it
made any movement.
Mr.. Clunie urged the commission to
proceed at once and decide upon a day on
which the question should be investigated
by the board.
''If we have jurisdiction I'm in favor of
regulating rates as far as streetcar rail-
ways are concerned" replied Commission
er Stanton. "But this is a question that
has never before come up before this board
and Tor that reason we deem it best to ask
the advice OF the Acknowledgement. We
have received an opinion on practically the
same question from him, and he held that
We did not have jurisdiction. Suppose we
took action. as you gentlemen request, and
the Attorney-General should say to us:
You &c wrong; you hadn't Jurisdiction,
wouldn't We be left in a very awkward
position
THAT is not right. DOCTOR" responded
Clunie; you have misinterpreted the law
You don't have to employ lawyers. The
Acknowledgement may have made an error.
as the brightest lawyers have done This
Is of as much importance to the people of
San Francisco as the per cent reduction
on wheat was to the farmers. l believe
with Mr.. La Rue this matter should be
settled at once, and I'm surprised that the
member from San Francisco should put
any obstacle in the way Or should oppose
such an important measure"
This IS not fair, Mr.. Clunie," retorted
DR.. Stanton, with stress on the Mr..
This is not fair to construe my m otives
II is purely matter of Individual opin ion.
am in favor OF doing what other mem.
DeIS VI tue SOIuIllsSlOn 90. OUT am OF the
opinion that the board should first ask ad-
vice from our legal adviser. I might say
that Mr.. Clunie was a demagogue, for
instance, but that would be an expression
of individual opinion"
Clunie smiled at his old friend and
poured oil on the troubled waters by de-
ciarlng he knew the doctor did not mean
that he (Clunie) was a demagogue, and
more than that the doctor was "all right. f"
though too timid.
your proposition, Mr.. Clunie, is for the
board to 90 into the investigation of this
case and see if the streetcar fare of cents
is exorbitant, and the board should make
rate of cents" Commissioner Clark
said.
Exactly"
I'VE must assume we have Jurisdiction
in the premises, remarked Chairman La
Rue.
Clunie was up again. "It seems alb
surd," he exclaimed, ''that the Legislature
gives the board the right to regulate fares
OF passengers and freight and that you
cannot regulate fares of either separately.
The code may have its rules, but it is only
secondary consideration"
''As understand, Mr.. Clunie," La Rue
remarked, 'we should have this thing de-
termined at once. but l still have doubt
as to our powers"
1--WE simply ask the commission to 90
ahead" answered the lawyer, "and then
if there be weak point in the measure the
Southern Pacific attorneys will Jump upon
it. 1t is not fair that the burden of this
suit should be thrown upon the property
owners, as the board representing the peo-
pie ought to act"
I'VE should have some time to conside
this" said Clark. I'VE don't care to be
the laughing-stock of the State if we went
ahead and were wrong. The Attorney.
General should advise us in this dispute
and l think it would be well to continue
the matter for week until we hear from
him.
Stanton moved that the commission ad.
journ till Tuesday at l P. NJ, and the
motion was carried.