The San Francisco call., 1896-06-04
Attorney Clunie Points Out an
Alleged Violation Of the
Constitution.
STREET CAR JURISDICTION
Formal Request Made of the Attorney
General to Test the Matter
in Court.

and local trains between San Francisco
and Broadway, Oakland. This looks TO
bringing about a reduction OF single fares
to 5 cents between the points named on
all lines operated by the Southern Pacific
Company.
The other subject acted upon was in
connection with the Market-street Rail-
way Company of this City. a resolution
was adopted bringing one step nearer the
final determination of the question of the
commissions jurisdiction over street rail
roads. This resolution requested Attor-
ney-General Fitzgerald to take such pro-
ceedlngs as would compel all street and
electric railroads to make reports to the
commission.
In compliance with this action OF the
board mandamus proceedings will be in
stituted in the Supreme Court, and the
issue made so as to cover the whole ques-
ton of jurisdiction.
All the members of the board were pres
ent when Chairman La Rue called the
meeting to order shortly after 1 o'clock.
In the matter of the communication of
o. W. Krause of Los Angeles, stating that
he S a stockholder of Los Angeles rail-
way company and that he is being dis
criuinated against in the matter of passes,
Commissioner Stanton humorously sug-
gested that Secretary Newman write the
gentleman, calling his attention to the
clause OF the constitution prohibiting dis
elimination against persons and places,
and the suggestion was adopted.
After the commissi ion had heard the
reading OF the complaint of the San Diego
Property Owners Union charging the
Southern California Railway Company
with wrecking its road between Failbrook
and Temecula by tearing up the ties and
tracks, the secretary was instructed to
write to the company and ascertain the
facts and if the company intended to
abandon the road.
Next on the list of comm unications was
one from Andrew ]. Clunie, which at once
absorbed the interest of the mem bers of
the board and all present. 1t charged dis
elimination in the passenger rates between
here and Oakland and asked the commits
sion to compel the railroad to comp Y with
the constitution. Mr. Clunie's letter In
full follows:
Section 2I of the constitution OF the Sta te of
California provides:
mo discrim1n alton in charge or facilities
for transportation shall be made by any rail-
road or other transportation company between
places or persons or in the facilities for the
transportation of the same classes OF freight or
or going to any other State. Persons and prop
erty transported over any railroad or by any
other transportation company or individual
shall be delivered at any station, landing or
port, at charges not exceeding the charges for
the transportion of persons and property of
the same class in the same direction to any
more distant station, port or landing. Excur-
sion ana Communication tickets may be issued
at special rates"
This provision OF the constitution is being
grossly violated by the Southern Pacific Com
charges local
travel between the City and County of San
Francisco and that part OF the city OF Oakland
lying west OF Broadway in said city.
This company is engaged in running two
lines of ferries TO Oakland, one known as the
creek route, which runs from the water front
in the City and County OF San Francisco to the
foot OF Broadway street, O kland, the fare Tor
passengers on this route being cents per trip.
The other ferry starts from the water front
in the City and County of san Franc SEQ and
lands at the extreme west end OF Oakland,
where passengers are transferred from the
ferry to local trains and then trans ported to
their destination. Between the landing OF
said ferry and said Broadway in Oakland, at
the foot OF which passengers on the creek
route are delivered, are many important sta
tions. The fare charged by the company on This
line 10 any one OF said stations is. 10 cents, or
double the amount charged on the creek route
for delivery Of passenger al the foot of said
Broadway, and all Of said stations west of
Broadway are less distance from the City and
County OF San Francisco than the loot OF Broad
way, at which said station OF the creek route
is located.
Both OF these lines run in the same direc-
tion. The same state OF facts exists in the
transportation OF passengers from Oakland to
San Francisco. On the creek route transporta-
ton can be mad from the loot OF Broadway,
Oakland, to San Francisco for cents. On
the other route from Broadway and by stations
west of il in Oakland the fare to San Francisco
is 10 cents.
l respectfully request that your honorable
board take such action in the premises as may
compel obedience by that company TO the fun
dementaI Jaw of the State.
Commissioner Clark moved that copy
of the letter be sent to the Southern Pacific
Company, and that the company be asked
why this discrim ination was made. The
motion was carried.
Chairman LaRue suggested that copy
be also sent to the Attorney-General,a and
that he be asked if the restraining order of
Judge McKeuna now in force applied to
this case.
Attorney CIunie addressed the board,
stating that this was a case of discrim ina
ton and not case necessarily of making
a reduction. He said steps SHOULD be
taken to punish the company for viola.
ton of the law prohibiting discrimina-
tions. He added that he thought tie
matter ought to be referred to the Attor-
ney-General 10 ascertain if it was viola
ton of the constitution, and also if TO
reduce rates would be violation of the
Circuit Court restraining order.
Commissioner Stanton declared he
would like the investigation of the COM
pany relative to the matter to begin at
once, and said he was willing to take his
chances of being cited for contempt.
There is some danger there, doctor,"
remarked Com missioner Clark, the eau
tious protector of the railroads interests.
well, l would not mind a stay on Al
catraz or some other nice resort" replied
stanton with a smile.
but l can't see how we can ask these
railroad officers 10 come here pending the
Injunction, interposed Chairman LaRue
II think we can order an investigation
of their affairs, SO long as we do not at
tempt to reduce rates" rejoined Commits
sioner Stanton.
At this point Mr.. Clunie called attention
to the fact that delegation was present
from Ashbury Heights and that they de-
sired TO bring the matter of reduced street
car fares before the commission. He asked
if an opinion on the matter OF the commis-
oion's jurisdiction had been received rom