The record-union., 1898-08-03

that their most sacred rights are about
to be unlawfully invaded and their
private affairs dragged before the pub
lie, to the extent even that papers,
books, memoranda and accounts Of
those long since deceased must be
opened to the inspection of strangers.
Meantime the legal representatives of
their last wills and testaments must be
subjected to the humiliation and indig
nifty of standing with closed mouths,
while those alone who might explain
each transaction and refute the allie
cations attacking their honesty and
honor are beyond the summons Of man
or court
With that broad sense of right and
| justice which should ever envelope the
court, / am not prepared to assume or
believe that these petitioners approach
| this court with the ulterior motive of
causing unnecessary delay and thwart-
| ing justice, any more than I am pre-
pared TO assume as true that reSpOn-
| dents have set a drag-net, at the insti-
| CATION of their complainant, for petit
TONERS, with the purpose of annoying
| or harassing them or exposing them
to public scorn and obliQuy, as well as
| to make a political sensation.
This is a judicial inquiry, and it by
no means follows that because a court
| takes jurisdiction that it will grant the
| relief prayed for. Were the question
not, l should unhesitatingly assume it.
| AS was said by Justice Brewer in the
case of Chicago and Northwestern Rail-
way Company VS.. Dey ct al, 30 Fed.
| Rep, S12, the mere fact that the ques-
| tion is doubtful one is no ground for
refusing to entertain Jurisdiction
| Where such mind leads 1 think 1 may
safely follow. / therefore hold that this
| court has the right to inquire whether
| or not respondents are exceeding or
attempting to exceed their jurisdiction.
| Is this case one, then, where the
| strong arm of this court, in the face of
a prerogative writ, may bid respond
| ents stay their hands? The answer
:, turns upon the, powers granted the
Board of Railroad Commissioners of
| the State and the tests to be applied to
the Robinson complaint
| First then, what are powers Of the
board? The main and central power
is Ito establish rates Of charges for the
| transaction of passenger and freight by
| railroad or other transportation COM
| panies, and publish the same from time
to time, with such changes as they
| may make" Constitution of Califor-
MIA, Sec. %, Art. XII
From this central power all Incl
dental or subsidiary powers radiate.
What, then, are such subsidiary
powers?
| First-To examine books, records and
| papers of all railroad and other trans
portation companies, and for this pur-
| pose shall have power to issue Subpe-
nas and all other necessary process.
Second-To describe a uniform sys-
tenn Of accounts to be kept by all such
| corporations and companies.
| Third-To hear and determine COM
plants against railroad and other
| transportation companies, to send for
persons and papers, to administer
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. Constitu-
ton, Cal, Sec. %, Art. XII.
| What, then, is proposed by the Rob-
! inson complaint and what has already
been and is proposed to be ordered by
the process Of the board Hereunder?
There are nineteen respondents in
that case, Of whom but five are in any
manner railroad or transportation COM
| panies. The other fourteen comprise
citizens in their personal capacity, pri-
vate corporations and executors of the
last wills and testaments of private
| citizens long since deceased. And all
| alike are asked to produce their private
| and personal books of account, papers
| and memoranda, for inspection of re-
spondents herein, and incidentally for
the examination of complainant Rob
inson, and his attorney, who, if not sat
| isfied with the result, may forthwith
file another complaint upon other in
formation and further belief.
Books and papers must be produced
| which in any manner relate to any
transaction, personal or otherwise, with
the Southern Pacific Company's system
OF railroads, created and organized
during period covering some thirty
eight years, in order that the board may
| ascertain therefrom what sums OF
money they and each Of them have re-
| ceived fraudulently and unlawfully
from such system of railroads, through
pretended contracts and unlawful pay
ments to such respondents, and in or
der to ascertain therefrom to whom
such system of railroad lawfully be.
longs.
And here I pause to ask If this is ex.
amining books and papers Of railroad
and transportation companies as con
templated by the Constitution? Wha
is the authority vested in the Board Of
Railroad Commissioners to invade tbs
homes of private citizens and rake over
papers, letters, memoranda and books
which cover private business transac
tions for nearly forty years? There is ne
such authority. There can be none
granted.
THE Pacific Railway Commission,
at a meeting in San Francisco, sum
moned Leland Stanford to testify be-
fore it. He refused to answer certain
questions. The matter was presented
TO the United States Circuit Court, ant
Justice Field, in passing upon the
question, thus defines the right of 8
Ana sss %~n sSs A>