Los Angeles herald., 1907-11-16
HERALD,S CAMPAIGN
HEARTH Y SUPPORTED
Leading San Francisco Papers Take
Up the cudgel and Will Fight
Peoples Battle Until
the End

In support of The HeraId's campaign
against rebnting railway officials the
San Francisco Bulletin answers the
question, "What is to be done about
furnishing the rebaters," us follows;
Nothing has been done or is likely to
be done by the state authorities to punish
the Southern Pacific company for giving
rebates on goods hauled within the state.
although the company'S guilt was ac-
knowledged by the officers of the rail-
road in the course of the inquiry recently
held in this city by Interstate Commerce
Commissioner Lane.
The Los Angeles Herald, however, has
taken up the fight on behalf of the
people and is giving the delinquent rail-
road commissioners and Attorney Gen.
eral Webb an unpleasant experience.
The constitution of California provides
(Sec. 90, Art. 12) that the railroad COM
missioners "shall have the power, and
it shall be their duty, to establish rates
of charges for the transportation Of pas
sengers and freight by railroad and other
transportation companies and publish the
same from time to time with such
changes as they may make. Any
railroad corporation or transportation
company which shall fail or refuse to
conform to such rates as shall be estab-
lished by such commissioners shall
be fined not exceeding $4,000 for each Of
fense, and every officer, agent or en-
ploye who shall in any manner
violate the provisions of this section
shall be fined not exceeding $4,000 or be
imprisoned in the county jail not ex-
ceeding one year."
When The Herald called on Attorney
General Webb to prosecute the Southern
Pacific he replied that the railroad COM
missoners had not established rates and,
therefore, the Southern Pacific had not
been guilty of any offense in failing to
conform to rates that had never been
established. The railroad commissioners
might have been delinquent according
to the attorney generals view of the
case, but that did not impose guilt on
the Southern Pacific.
T. E. Gibbon, a lawyer of high standing
in Los Angeles, meets the attorney gen.
erals contention with convincing reply.
Mr Gibbon asserts that to establish
rate no positive action of the railroad
commission is required. Mr.. Gibbon ar
CUES that the railroad commission es-
tablishes rates when it accepts, without
objection, the freight rates filed and pub
lished by railroad companies. No rail-
road commission in the course of few
months could fix rates per mile on all
commodities. BY acquiescing in the rates
promulgated by the railroads the COM
mission publishes them as the lawful
rates.
If Mr. Gibbons contention be sound,
and it seems to be, the Southern Pacific
violated the constitutional prohibition and
laid itself open to heavy penalties when
1t granted rebates and cut rates to IA
vored shippers. Attorney General Webb,
having received his nomination from the
railroad, Is, as might have been expected,
reluctant to see the validity of any ar
gument that might compel him to pros
ecute the railroad. Fortunately, how
ever, the district attorneys of the several
counties have right to prosecute Of
tenders within the county, and there is
no reason, therefore, why the attorney