The record-union., 1898-08-03
JUDGE BAHR'S DECISION.
SOUTHERN PACIFIC VS.. RAIL
WAY COMMISSION.
Law Upon Which Ruling of the
Court Was Based-Document
Which is Interesting.

(San Francisco Evening Post, Aug. -
In view of the interest manifested in
the decision rendered yesterday by Su-
perior Judge Bahrs in the case of the
Southern Pacific Company ct al. VS.. the
Board Of Railroad Commissioners, the
findings Of the court are given in full
below
The title of the suit was, Southern
Pacific Company, Central Pacific Rail-
road Company, Southern Pacific Rail
road Company, South Pacific Coast
Railway Company, Pacific Improve
ment Company, Western Development
Company, the Market Street Railway
Company, Coils p. Huntington and
Henry I. Scott and Charles E. Green,
as executors of the last will of Charles
F. Crocker, deceased, petitioners, VS..
the Board Of Railroad Commissioners
of the State of California, and Hugh NJ.
LaRue, William NJ. Hinton, and Will
lam r. Clark members of, and consti-
tuting, said Board of Railroad Com
missioners, respondents.
The proceedings were in the nature of
an application for a peremptory writ CT
prohibition directing the Board of Rail-
road Commissioners to refrain from
taking further action in the matter of
certain complaint filed with the board
by John r. Robinson.
After making a statement of the
facts of the case, the opinion or the
court is given as follows:
I have thus sought to give the gen.
eral scope and plan of the complaint,
which demands, in its prayer, that the
commission shall summon each Of the
respondents to appear with their books,
papers, memoranda, accounts, etc, in
Guiding all books Of the private indi-
vidualS made respondents, showing the
business affairs of the original copart-
nership, in order that the commission
may make a complete investigation Of
the affairs Of respondents insofar as
they relate to the ownership, construc-
ton, maintenance and control of each
and all of the roads of the Pacific sys-
tenn. That the board ascertain who are
the real owners, if any there are, of
said railroads, in order that it can be
aScertained to whom the rates for
freights and fares may lawfully be
paid. That if it appear that any per
son, firm, association, corporation, or
pretended corporation is now unlawful
1y operating or attempting to operate
any Of the railroads included in the
Southern Pacific system, that the board
take action, either itself or through the
courts, to prevent such unlawful opera
ton of such roads.
To ascertain regarding discrimina-
tions, and if they exist, to- either of its
own action or through the courts, cor
rect such evil And, finally, for any
other relief which may be lawful or
equitable.
Thus much for the petition, the COM
plant of Robinson, and the action of
the Board Of Railroad Commissioners
thereon.
The petition herein is at the outset
met by various objections to its suffi-
cheney, which objections are really in
the nature Of a demurrer, to which OBJ
jections is added a demurrer, Of a gen
eral nature.
But all the objections may be
summed up as
First-Challenging the power Of this
court, as well as its jurisdiction to
grant the relief prayed for, or to grant
any relief of any nature.
Second-That the petition does not
state facts sufficient to entitle petit
TONERS to any relief whatsoever.
Third-That this court is without ju
risdiction to interfere with the Railroad
Commission or its members when act
ing as such, In any manner, or at ALL
The questions thus squarely present.
ed may be divided as follows: First
Has this court the power and may it
take Jurisdiction to prohibit respond
ents under any circumstances? Sec
ond-If it has such power, is this a
proper case for it's exercise?
l am not insensible to the fact that
the question first to be met and an
swered is one fraught with grave re-
spcnsibilities and Of large public in
terest. The Board Of Railroad Com
missioners is a constitutional body,
charged with the duties and invested
with authority which demand the
highest respect from the people and the
courts alike On the one hand we find,
then, in this proceeding, the constitu-
tional officers Of the State demanding
that they be allowed to proceed in the
orderly and legal prosecution of their
duties, and on the other hand we find
corporations having vast interests, to-
gether with private citizens, who insist