The San Francisco call., 1898-08-02
IT EXCEEDED
 ITS JURISDICTION
RAILROAD COMMISSION FUR
 THEIR RESTRAINED.
Cannot Proceed Under the Robinson complaint-Case Continued Till After Counsel Have Been
 Advised.

A decision in relation to the application of the Southern Pacific Company ane other corporations; for peremptory VII of prohibition, to be directed to the Boart of Railroad Commissioners, compelling T to refrain from taking further action 1T the matter of the complaint filed win tht Board by John R. Robinson, was handed down by Judge George H. Bahrs yester' day. Although the decision Is not nnal the restraining order heretofore made or the commission will be continued in force until the further order of court
 The power of the court to prevent fur: ther procedure on the part of the comm1s- sion was invoked by petition presented by collis HTntington d as PTiDa5e Hbsa1es oiE n Green, as executors of the will of Charles F. Crocker; the Southern Pacific Com pany, Central Pacific Railroad Company South Pacific Coast Railroad Company Pacific Improvement Company, Western Development Company and the Market the petitioners-two of them private cor porations in no way engaged in the busl- ness of common ainant Robinson joined, as respondents. six pri- vate individuals, two private corporations and Jane L. Stanford as executrix of the will of Leland Stanford, making in all are engaged In the transportation of freight and passengers:
 The power of the Board the court holds, is, in the main, to establish rates of charges for the transportation of pas sengers and freight by railroad or other transportation companies, and publish charges as they may make. From this central power all subsidiary powers ra- diate. What then are such subsidiary powers?" reads the complaint:
 First-,To examine books, records and papers of all railroad and other transportation com panies, and for this purpose they shall have power to issue subpenas and all other 7neces-
 Second-To prescribe a uniform system of accounts to be kept by all such corporations
 Third-To hear and determine complaints against railroad and other transportation com panles. to send for persons and papers. to ad- minister oaths, take testimony and punish for contempt in the same manner and to the same extent as courts of record and enforce their decisions and correct abuses through the courts.
 There are nineteen respondents, five only being In any manner railroad or transportation companies. For this req son, 1t is held, according to the Judicial jurisdiction given the commission, the complaint must stand or fall, and, pro- ceedlng on this postulate, as the commits complaint must fall No matter what the hesitancy has been in the past, no matter how blind the way" states the opinion by decision in what is known as the Nebraska maximum rate case, a broad and clear road has been based for guidance, and, tested by that case, the complaint must fall.
 The court, in the decision, refuses to interfere with any exercises Of the legls- Iative power of the commission and states that after the complaint is filed, from many objections, "the commission. with its large powers, can quickly compel obe- dience to lawful exercise of its powers. The complaint and proceedings, while not dismissed. in the mind of the court. can not legally be determined by the com mission. and in consequence it has ex- ceeded its Jurisdiction. Owing however, to the fact that there Is an answer on file force 1lntil the further order of court, and the matter will be continued for such fur ther proceedings as counsel shall be ad- Nisa1 are DrODer.