Los Angeles herald., 1907-10-20
PLAINLY EXPRESSED

(UTy HERE are several provisions of
the state constitution relating
Il to the railway commission
which decision Of the supreme court
has nullifled, fact of which many peo-
pie are not aware is the wa.- in which
Railroad Commissioner Summerland
endeavors to explain away the evident
indifference of the commission as to
the mandatory provision of the state
constitution relative to the granting of
rebates.
1t would indeed be a great surprise
to many, lawyers and those unlearned
in the law alike, to learn that the
supreme court of any state ever, under
any circumstances whatever, has
annulled or attempted to annul any Sec
ton or any clause in any section of the
organic law of such state Constitu-
tional provisions are sometimes open to
various interpretations, and some pro-
visions may have been interpreted by
some courts to mean what the trainers
of the clauses in question never
intended them to mean, but diligent
and painstaking inquiry fails to reveal
any single instance Of the notification
of any provision or provisions of any
constitution of any American state or
of the United States.
But regardless of any decisions affect
ing sections II and 20 of article II of
our constitution which the supreme
court of California may have rendered,
| it is unnecessary to pore over the state
reports to see whether the court may
have arrogated unto itself the authority
to write new section to take the place
of either of the sections to which ref
erence has been made. Thc opening
clause, "no discrimination in charges
or facilities for transportation shall be
made by any railroad or other trans
portation company between places or
persons," is so unequivocally worded
that there can be but one interpreta-
tion thereof.
4 Section 20 is couched in phraseology
equally as plain. The railroad COM
inissioners are invested with power,
Sand 1T shall be their duty to establish
rates of chrges and publish the
same from time to time.' They are
invested with power also, and it "shall
be their duty" ito examine the books,
records and papers of all railroad and
other transportation companies; also
ito hear and determine complaints
against railroad and other transporta-
| tion companies and enfOfct
their decisions and correct abuses
through the medium of the courts"
Furthermore, the constitution de-
clares: Said commissioners shall pre-.
scribe uniform system of accounts tc
be kept by all such corporations and
companies. Any railroad corporation
or transportation company which shaI
fail or refuse to conform to such rates
as shall be established by such com.
missioners shall be fined not
exceeding twenty thousand dollars fol
each offense, and every officer agen
or employe of any such corporation Oh
company who shall demand or receive
rates in excess thereof, or who shall IL
any manner violate the provisions o.
this section, shall be fined not exceed
ling five thousand dollars, or be impris
oned in the county jail not exceeding
one year."
Itsis hardly likely that any court viii
. ever presume to interpret this exceed
; ingly plain provision of the constitu
, ton as intended to mean anything les
| than it says, and it is very certain tha
/ the supreme court of California ha
never attempted to do SO. Nothing i
, left to the option Of the railroad com
missioners nor to the responsible rail
road officials and agents. The activ
} verb shall" has most imperativ
/ ring to it.
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Z They are Uniting the traIle back eas