Los Angeles herald., 1907-11-03
ENFORCE THE LAW

l
tribute to the enforcement of the
law against the granting of rebates
and special rates in this state by COM
mon carriers, which has been so fla
grantly. persistently and continuously
violated since it became a part of the
state constitution, today presents the
opinions of three of the leading attor-
neys Of the Los Angeles bar sustaining
the construction of the constitutional
provision prohibiting the granting of
rebates and special rates, which is con-
tended for by this paper
In view of the difficulty which some
of the officials of the state appear to be
meeting with in finding law under
which the Southern Pacific company
can be punished for the hundreds Of
instances in which it has granted
rebates and special rates, confessed to
on the Sd day of October last before
Interstate Commerce Commissioner
Lane in San Francisco, 1t may appear
strange that every attorney who has
had occasion to express an opinion
upon the law as pointed out by The
Herald has agreed with it's position.
The three gentlemen whose opinions
appear in the columns of The Herald
this morning are not by any means the
only lawyers who have expressed an
opinion as to the law against rebating
contained in sections 81 and %, article
IL. of the state constitution, since The
Herald first called attention to it. and
not one Of these attorneys has differed in
any way with The Herald in the con-
struction placed upon the law.
To the law-abiding citizens of the state
OF California 1t must appear an aston
ishing, and indeed frightful thing,
that the leading corporation of the
state could have persistently violated
law of this state, as is shown to have
been done by the Southern Pacific COM
pany, without any effort having been
made by the proper authorities to pre-
vent or punish such violation. And
the fact that the law violated pre-
scribes for, it's violation the heaviest
penalty in the form of fine prescribed
by any penal law of the state shows
how important the law was regarded
by the members of the constitutional
convention that enacted it.
OF course, it is probable that the
Southern Pacific company is not the
only common carrier of the state which
has violated the law, but that it has
violated the law is unquestionable,
because the violation has been admitted
by it's own officials and employees. 1t
ing fact that, although one month has
expired since that violation was con-
fessed to, so far as the citizens are
informed, no step has been taken by
the state officials charged with the
enforcement of this law for the pur-
Justice. And yet the state has one
agent, known as the state railroad COM
mission, whose special and particular
duty it is to punish and prevent such
violations of the law, that was created
for that purpose, and the members of
which are elected and paid salaries
especially to perform this duty.
The Herald proposes to bring before
the proper officials the law against
granting rebates and special rates. and
to present it to them in such form that
there can be no question as to it's valid
ity and effect; then if these officials
continue to refuse to do their duty,
The Herald proposes to appeal to the
citizens of the state-the masters of the
officials whom they have elected-to
force these officials to do their duty in
the premises or to make way for other
servants of the people who esteem their
duties to their constituents higher than
the service of corporate interests, be
they ever so powerful.
The Herald is in this fight--for the
enforcement of law and the prevention
of one of the most serious crimes of the
age-to stay, and the officials of the
state who should take cognizance of
the violation Of the law against rebates
and special rates, and see that such
are punished, must not think
that when they have refused to do their
duty the matter will end with that.
On the contrary, so far as they are
oo0cernad n will haUa inst hao11n