The San Francisco call., 1898-01-23
THE RAILROAD COMMISSION.

I N their annual report to the Governor the Rail l road Commissioners declare that unless the Leg islature can be induced to confer further power upon them their offices may as we'll be abolished. This act of official self-abnegation has but paral Tel in the annals of the State Many years ago an ofticer known the State Engineer reported to the Governor that unless something could be found for him to do it would be good idea to abolish his office. He had idea that any one would take him seriously. He thought the Legislature would rustic around and provide him with work To the amaze ment of every one however the Solons without ever inquiring whether the office of State Engineer was necessary not, passed an act abolishing it. This case of official harakri stands alone in our history.
 The Railroad Commissioners complain that they tied up in the Federal courts that the Legislature will not provide them with sufficient money carry on their business that they possess power to pei railroads to make reports to them; that there is penalty for noncompliance with their orders with reference to switches urnouts and ton houses and that consequently the railroads them with contempt in all such matters that in short the commission has fallen into a condition of official paralysis which renders practically useless, and the members cannot perceive the object, as at present organized, of its further existence
 While it is gratifying to know that the gentlemen holding the offices of Railroad Commissioners sufficiently frank to acknowledge their inability to render any service for their salaries what they say not in any For years it has been appar- ent that the commission could do nothing toward regulating railroad rates of transportation in this State. The truth is the body is organized on wrong principle. The powers conferred 1t legisla- tive, executive and judicial It frames laws expounds and executes them This jurisdictional mixture being illogical, never works anywhere, and it is wonder that at last the Railroad Commission has succumbed to the confusion which always results from mingling such antagonistic powers.
 It is doubtful however, whether the commission should be altogether abolished That it ought to be remodeed, though, is quite certain. Experience has demonstrated that regulating railroad rates by sched ule is impracticable Besides being expensive and intricate 1t enables the roads constantly question its legality. Passenger and freight schedules the growth of years, not the work of days weeks What should be done with the Railroad Commission IS convert 1t into court for the trial of railroad grievances. Its decisions might be made appealable and enforcibe after affirmation like those of any other court Thus, by legal process, jurisdiction might be conferred to decide whether particular freight passenger rate is just not, whether a particular town has sufficient number of switches, whether trains are run time, whether roadbeds kept in orderin short whether the corporations obey the laws and respect the rights of the people
 Further than tlis under the decisions of the Fed era courts the States in regulating railroads cannot, go. The Interstate Commerce Commission is | garzed on the correct principle The decisions of that body already form a respectable volume of rail- road law. Eventually that commission is certain to become the O: lot of railroad rules ny which passengers and shippers may ascertain their rights with reference to almost any subject of dispute