The San Francisco call., 1896-04-16

make reports regarding their respective
business, does not quite meet the desires
of the Ashbury Heights Improveme mt
Club. They are the fathers of the now
general movement in favor of the street.
car fare reduction to cents and for that
purpose called upon the Railroad Com
mission to consider the matter. Attorney
Andrew ]. Clunie OF the club, in present
ing the petition of his clients, cited the
attention of the Commissioners to the fact
that the constitution of the State empOw-
cred them to regulate the freights and
fares of all transportation companies, not
withstanding a subsequent Legislature at
tempted to limit the scope of their consti-
tutiOnal authority by excepting street
railroads from their jurisdiction.
Mr.. Clunie, in his argument, requested
the Railroad Commission to proceed di-
rectly through few preliminaTies to the
reduction of streetCar fares from 5 to 3
cents. The refusal of the Market-street
Railway Company tn obey the order of
the Commission would take the question
to the Supreme Court, where the constitu-
tionality of said order wonld be tested.
Railroad Commissioner La Rue was of
the opinion that the constitution OF 1879
gave them authority over all transporta-
ton companies, whether in city or coun-
"
Legislature of 1880 excepted street rail-
roads in its attempt TO define the powers
OF the constitutional enactment. He was
also of the opinion that the best and
quickest method should be adopted to
bring the matter before the Supreme
Court.
''If that body decides eventually that
the law of 1880 is unconstitutional said
Mr.. La Rue, "then we will have the right
to regulate the fares of street railroads
and l will favor an immediate investiga-
tion of their reasonableness to determine
whether in justice to the public they
should be reduced. While / believe
streetcar corporation should receive fair
interest on Its investment | can also
readily understand that the public has a
right 10 demand from it reasona BILE trans
portation charges"
The discussion ended by the adoption of
resolution offered by Commissioner
Stanton calling upon all the street rail-
roads in the State to submit reports to the
commission by the 31st of next month
The Commissioner stated that the pur-
pose of the resolution was to gain correct
information regarding the reasonableness
OF fares, and also should any company re-
fuse to make such report the commission
can test its authority in the courts. A
resolution was also adopted asking the
Attorney-General for an opinion on the
authority Of the commission in the matter
10 De gwen DOT laUer J0an May 81.
"While l believe that the commission
really desires to deal justly in this matter, :"
said Mr.. Clunie yesterday, 81 think the
better way would have been to go directly
ahead taking testimony IL view of reduc-
ing the fares. OF course, the Southern
Pacific Market-street Company-or what
ever it may be called--wouId have refused
TO come down from the nickel, and by
mandamus the whole thing would go be-
fore the Supreme Court. That body would
have decided, and the Federal courts
would have been bound by that decision.
Now the Market-street Railway Com
pany, which, as everybody knows, will
deny the right of the Railroad Commission
TO make any inquiries into their books,
accounts or business. They will simply
pay no attention to the order and the case
VIII go into the court-not the Supreme
Court. There it may stay for years, and
where is the immediate relief that the
Ashbury people pray for? We want this
matter settled Just as soon as possible and
that can only be done by direct appeal
to the Supreme Court, by the Commits
sion going ahead under the presumption
that 1T has the right to regulate streetcar
fares. Then let the Market-street Railway
Company enjoin the commission from
carrying out its order to reduce the fares.
I'VE don't care whether the streetcars
OF Santa Rosa, Marysville or San Bernar-
dino can stand a reduction, because that
does not go to the meat of the matter: !:
neither do we want to learn whether the
Market-street Company will send in its re-
port or not, because We know itmill not.