The San Francisco call., 1899-07-01
EXPRESS DISCRIMINATION.


e revenue stamp law. Wells, Fargo & Co. Is
- making the most unjust determinations there
can be no doubt Wherever under precisely similar
conditions two for identical services charged
different rates by common carrier, that IS illegal
discrimination at the common law we'll as under
the constitutions and OF the different States.
The elementary principle applicable to the subject is
that all customers shall be served alike Therefore,
if Wells Fargo & Co. compels some OF its patrons
to pay Tor stamps and relieves Others it exercises
illegal discrimination, for which is liable to some
penalty il be true that under the law, wherever
there is a right there remedy, and wherever there
is wrong it can be redressed
As the Southern Pacific Company OF Kentucky was
organized to override the constitution and the laws Of
this State so Wells Fargo & Co., essentially Cali
fornian organization for the purpose was incor
porated under the constitution and the laws OF Colo
RADIO 1t has long been the opinion OF man -7ceent
lawyers that. when directly challenged before thor
oughy competent and upright tribunal this mode OF
importing foreign law and virtually repeating domes-
tic law would be thoroughly uprooted, and but for
the majority OF the present Railroad Commission this
result might have been accomplished in the grain case
before Judge Morrow.
Without presuming to decide legal questions, how
ever. The Call suggests in the case OF Wells Fargo
& Co, apart from any private remedies that ind-
viduals may possess that it would be proper for the
Attorney General OF the State take up the discrim
nations to which alusion has been made and ascertain
whether they cannot be used the basis OF proceed
ing on behalf OF the State arrest the local business
OF Wells Fargo & Co. To an ordinary citizen it
would appear that there is existing law that would jus
tify such action The illegal exercise of a corporate
franchise in many cases is sufficient ground for tax
ing away its charter. The constitution of 1870,
dator in its provisions, is unusually stringent in the
protection it seeks at least to extend to the public By
article XII section !, provides that mo corporation
organized outside the limits of this State shall be al
lowed transact business within this State more
favorable conditions than prescribed by law to
similar corporations organized under the laws of this
State" Section y OF the same article declares all
transportation companies without exception, to be
common carriers and subject to legislative control
Section 20 of the same article invaldating monopois
tic combinations among common carriers, is followed
by section 2I which absolutely prohibits all discrim
nation in charges.
Therefore, in reference to its business within this
State of all kinds, but especially and definitely in re-
laton to so much OF its business as begins and ends
within the State limits Wells, Fargo & Co. is for
eign corporation hed strictly within the provisions
OF constitution It is prohibited from the discrim-
inaton and the favoritism OF which it is daily guilty
so clearly that "he who may read" Now is there
no prompt and eficacous remedy that the Attorney
General apply? The ordinary processes of civil
litigation by and behalf of individuals are too slow
and too cumbersome. The mischief does not merely
affect the persons, firms corporations with which
Wells, Fargo & Co. deals. 1t constitutes deep
rooted and expensive evil, by which the public es
peciay the representatives of the solid business in
terests OF the State, daily affected There is not
and there has been assigned single plausible
Tor the unpatriotc imposition of the Federal
stamp tax upon much of the community as in
order delay and carry the question over
the necessities has not been specially exempted
There is every that could appeal to a high
minded State official impel the Attorney General Of
whose fidelity to his trust has yet complained
TO test the question. whether, in California equality
before the law is reality a sham and pretense
GzzzzzzzzzzRnzzszzzEszza
The Dewey torpedo has proved its worth
against the enemy. but that is why young
San Francisco should monkey with it on the Fourth
OF July.
Attorney General Ford's opinion that 1t is the duty
OF the State Board of Equalization levy assessments
on refrigerator looks like another blow at the