The record-union., 1898-08-03
citizen of the United States in such

happiness than the right or personal
security, and that involves not merely
protection of his person from assault,
but exemption of his private affairs,
books mad papers from the inspection
and scrutiny of others. I'm re Pacific
Railway Commission, SO Fed. Rep, at
page 25O.
This particular phase Of the case is
too well settled to require further con-
sideration.
The powers, then, thus defined, of the
Board of Railroad Commissioners are
twofold-i. e.: First, legislative or ad-
ministrative; second, judicial in their
| character. / think there no longer re-
mains a doubt as to the construction
put upon the power of fixing rates.
That it is legislative is held by the
Supreme Court of the United States
| and our own State court.
| Likewise. I apprehend, is the subsidi-
ary power Of examining books, papers
and records of railroad and other
transportation companies and the pre-
scribing of a uniform system of keep
| ing accounts. These latter, however,
are merely in the aid of the main pow
| er of fixing rates. and can be exercised
only for the purpose Of aiding the COM
mission in the exercise Of its legitimate
power of fixing rates.
| We have, then, the remaining subsid-
iary power above mentioned-that is to
say, the hearing and determination of
| complaints against railroad and other
| transportation companies. That this
power is judicial in nature there can be
no doubt. From the defining of the
power thus granted by the Constitu-
ton it can be seen that such power is
| invoked by the filing of a complaint
which is followed by the issue Of a
summons directed to the carrier whose
acts have invaded the rights of the
complainant. Thus we have a tribunal
with twofold jurisdiction or powers,
which have always been clearly dis
tinguished in our Jurisprudence. Yet,
| while the commission is vested with
| judicial power, it cannot under any cir
cumstances extend it's limits in the
scope and purview of the jurisdiction
of our State judiciary at law in equity
The judicial power so delegated was
and is limited and special, and extends
only so far as shall be necessary to
enforce and carry out it's main power
Of fixing and establishing rates.
Referring now more at length to the
| judicial functions of the commission
the inquiry naturally presents itself,
first as to what the term complaint"
| comprehends as applied to the judicial
power of the commission, and 1t seems
to me clear that the complaint" men
toned must apply solely to wrongs per-
| petrated under the classification and
| schedule of freight and fares estab-
| lished by the board. AS judicial power
| is subsidiary to the main power to fix
rates of freight and fares, so the kind
and character Of complaints over and Of
| which the commission has jurisdiction
to hear and determine must be meas
ured and fixed by the source or deriva-
tive legislation or constitutional enact
ment whence the judicial arm of. the
commission derives its power, otherwise
| the Railroad Commission could resolve
itself into a general court at law and
hear and determine all manner of COM
plants against the railroad corpora
| tions. Where, otherwise, would the line
be drawn?
If citizen We're unlawfully thrust from
a train would he file his complaint with
the the commission naisst9 and there seek his dam
illustration sufiices. Can citizen "com-
plain that rates of transportation are
too high? The answer is that all rates
fixed by the Railroad Commission, and,
to quote the wording, "such rates, so es-
tablished, shall be deemed conclusive,
just and reasonable"
If carrier deem such rates unreason-
able and tending to a confscation of it's
property, it's remedy lies in our courts.
Shall it be said that one party must ap-
ply TO the commission, if aggrieved, and
that there he can find relief while the
other must seek a different tribunal !?
The courts always have been, always will
be, the final arbiter in such matters.
Is, then, the complaint referred to in,
and made part of, the petition herein
| within the class which the commission
under its constitutional authority and
power, may hear and determine? With
that regard and respect for the Board of
Railroad Commissioners of this State
which the character of its members, as
we'll as it's undoubted power entities it, I
am not prepared to hold that the Con-
stitution of our State has delegated to
such commission the power to hear and
determine for any purpose whether or
not the Executive, legislative and judic-
ial departments of our State Govern
ment have been debauched. an accusation
so broad and astounding to bid us
pause and consider how boldly a man
may charge upon information and belief
that which strikes at the heads Of our
State Government and the very founda-
ton Of justice itself.
Wqgld t5a It not b BE t deemed Dpea an invasion
compelled to present its books, papers
letters and memoranda to the Board of
Railroad Commissioners. in order that it
might ascertain therefrom whether or not
the columns of our city and State daily
and weekly press have been bought and
sold for corrupt purposes?
The complaint referred to alleges that
various of the railroad corporations have
done and performed acts which causes
} through its own action or that of the
!. courts the charters and franchises be
| forfeited and declared void.
/ can hardly sustain jurisdiction in the
commission to try and determine this
question, as the very section and article
of the Constitution by which the Rail-
road Commission is created, and from
which it derives whatever power it has,
provides as follows:
THE Legislature may, in addition to
any penalty herein prescribed, enforce
the article by forfeiture of charter or
otherwise"
hold that the complaint" then, as
tested by the rules laid down, does not
fall within the class contemplated by the
porvisions of the Constitution which may
be heard and determined by the commits
| sion.
1t has been contended, however, that
what has heretofore been termed a "con-
plant may be considered by the COM
mission as a memorial addressed to it's
would Of it's own motion, in legislative
way, Investigate the matters stated in the
so-called memorial.
This is met by the answer that COM
plainant Robinson must be held to the po-
sition he originally assumed. The paper
is indorsed and headed Complaint Of
John r. Robinson before the Honora BILE
Board of Railroad Commissioners of and
in the State Of California"
Summons was issued and every form
and character of the paper and the pro-
| ceedings Hereunder indicate that Robin