The San Francisco call., 1897-01-18
Can Bring Before 1t Southern
Pacific Books, Papers, Off
Gals and Secrets.
A. ]. Clunie Thinks the Present Path
of Procedure Is Wrong-La
Rue's Opinion.

o per CENT On grain rates. as TelaleQ III
yesterdays CALL, a suit to restrain such a
compromise will be filed by an outside
party. As matter of fact, Attorney A.
j. Clunie, VINO has represented the Rail-
road Commissl. in considera BILE litiga-
ton, said he was quite positive that such
a suit would intervene.
Mr.. Clunie was greatly surprised, as
were great many other people yesterday,
that the idea Of compromise had ever been
born under the tiara that crowns the
Huntington system. The suit now pend
ing is one of the most important ever
brought in California, or railroad circles
anywher e, and it is little wonder that the
proposed compromise attracted SO much
attention.
"Who thinks" said Mr.. Clunie, 'that
the railroad co mpanywould compromise
on 4 per cent gain rate unless it had
some un derstanding with the commission
in regard to reductions on other freight 2
| venture to say that reduction ofsgrain
rates would carry with it other freig ht
concessions, or it would not be made.
Would the commission thus abandon its
opinion in regard to freight in general for
little concession of one article of trans
portation2 l guess not.
II do not speak for the commission, but
l hardly think that such a proposition
would be entertained by Com missioner
Stanton or Commissioner La Rue. This
proposed compromise is thrown out by
the railroad company probably as feeler.
My own opinion about this whole litiga-
ton is that it is being done in the wrong
and the least effective way-in way that
will be of the least benefit to the people,
if any benefit at all comes out of it.
1.-THE commission should take this mat
ter rofinvestlgating of freight rates, operating
expenses, liked charges and profits into its
own hands, as it has power under the
constitution to do. 1t has the broadest
possible power, and if that plan were
adopted the commission would get the
facts it wants, or there would be more
sensational results than might develop
from the companys books Commits
sioner Stanton takes this view of the stu
alton. He introduced a resolution at a
meeting some time ago to the effect that
the commission take the matter IN its own
hands, subpoena witnesses, examine the
com pany's books, etc. Nobody supported
the resolution. Commissioner La Rue
thought that it might interfere with the
pending litigation and with the plans OF
their attorneys. OF course the attorneys,
in the event of success, want to get all the
glory they can out of ii.
at is clear to my mind" continued At
torney Clunie, that the policy of the rail-
road company is one of delay. | do not
think they want decision from the
United States Supreme Court, for if it
went against them it would be positively
disastrous to them.
THE term of the present Railroad Com
missioners expires in two years. 1t is ex-
ceedinglv doubtful that the State will ever
have another commission such as this.
The railroad did not want DIR. Stanton,
but they looked upon him as harmless,
instead of which he has been the most ac-
tive in the interests of the people. 1t is
far better for the railroad company to have
Railroad Commission il can control than
to have all the court decisions it wants.
Commissioner La Rue was elected in his
district by small majority.
commissioner Stanton's district is in
the hands of the political bosses. The
next time the railroad will spare
no contingent inducements to elect
a railroad commission such as it wants.
1t won't get even so far as the nomination
of Stanton and La Rue. This is the best
Railroad Commission the people ever had.
The Railroad Commission dates from the
adoption of the present constitution in
1879, and up to the present one, no COM
mission has ever done anything. There
will be delay and delay in the present
litigation till the terms of the present
Com missioners expire. 1t will accomplish
nothing, proceeding along the present
lines of action. but if the commission
takes the matter in its own hands it can
soon get at the bottom of the question OF
expenses and reasonable or exorbitant
profits.
Imagine the Railroad Commission sit.
ting as court with the broadest possible
powers, the constitutional1ty of which
were recently sustained by Judge Nc
Kenna's decision, subpenaing Vice
President Charles f. Crocker and asking
him how much salary he gets-whether it
is $50 600 or $780, II Mr.. Crocker declines
to give the information, the commission
has power to fine the first vice. president
heavily or send him to Jail for contempt.
If Mr.. Crocker should courteously decline
to go to jail, and he would doubtless de-
cline in that manner If he declined at all
the commission has authority to summon
the court machinery and the State militia
to enforce its sentence on Mr.. Crocker.
Suppose Coils ?. Huntington were
caught in the State and asked concerning
the nature of contingent inducements
held out to Congressman back at Wash
ington, ID. c., recently, verify Mr.. Hunt
ington would have to satisfy the commits
sion on the point or be handed over to the
custody of the Sheriff or draw on his per-
sonal sack to pay fine.
I'm truth the RallrOaQ COmm mission mas
power to do all these things, as witness
the following excerpt from article XII,
section %, of the State constitution, which
gave it birth and upholdsiits dignity:
Said commissioners shall have the power
and it shall be their duty, to establish ra tes 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
to examine the books, records and papers OF
all railroad or other transportation companies
and for this purpose they shall have the power
to issue subpenas and all other necessary
process; to hear and determine complaints
against railroads and other trans porta ton
companies; to send for persons and papers to
admins ter oaths, take testimony and punish
for contempt of their orders and processes, in
the same manner and to the same extent as
courts of record and enforce their decisions
and correct abuses through the medium of the
courts.
SACRAMENTO, CAL. Jan. 17.-H. Nj.
La Rue, chairman of the Railroad Com
mission, when seen at his home this even
ing relative to the proposition of the
Southern Pacific to compromise the suit
brought by that corporation against the
commission stated that this rather sensa-
tional development of the matter was not
a very great surprise to him.
sFor some reason or other, he said, II
have had an impression that there would
be some sucn outcome of the suit. had
either heard something intimating this or
had gained the idea from the fact that
knew the Southern Pacific would never let