Los Angeles herald., 1907-11-16
ATTY. GEN. WEBB

paper yesterday morning, appears
to give some assurances OF a rathel
vague and indefinite character to th'
people of the state who elected him tC
his office that he will. at some future
time, take appropriate steps to hold
the Southern Pacific company and Other
common carriers who have violated tbs
laws of the state against granting
rebates and special rates. responsible
for the crimes which they have COM
mitted.
He is quoted as saying: "A great
and complicated question such as this
cannot be treated without careful con-
siderstion, and I do not propose to try
this case in the papers before we take
it into the court.
ct do not intend to take immed-
late action. I am not sure what
course l shall pursue, but when !
reach a decision, we will GO
straight ahead. While I have no
information on the subject, ] ex-
pect the commission will bring
the matter to the attention of this
department in due time. Appar-
entity there are no statutes out
lining the mode of procedure
and we will have to depend upon
the provisions of the state con-
stitution for Our authority.
"This is one of the matters to which
we are giving our attention. There Is
a good deal of difference of opinion
among lawyers as to the legal aspects
of the case, and no action can be taken
until these points are settled. You can
be sure that the laws will be enforced
and that this office will do its full duty
without fear or favor. I cannot say at
this time whether I shall begin prose-
cutions in the event Of the failure of
the commissioners to bring the confess
sions of the rebaters to the attention
of this office, because, as I said before,
am not sure Of the grounds we have
for action. 1t will not help the case
or the people for me to give out my
plans.
"At the proper time shall
speak with force and effect"
The board of railroad commissioners
has also apparently given some assur-
ances to the people of attempting to
do it's duty by a resolution which was
passed by that board few days
ago declaring it's intention to prose-
cute common carriers who have vio-
lated the law against rebates and spe-
cial rates.
The Herald does not agree with
Attorney General Webb that the sub
ject is environed with the legal doubts
and complications which he seems to
have discovered, nor do the three emf
nent attorneys who have favored The
Herald, with their opinions as to the
law in question appear to have found
the difficulties which seem to be dis
turbing the mental serenity of the
attorney general.
The provisions of the constitu-
ton in plain terms make the
granting of rebates and special
rates by common carriers in this
state crime and provide the
punishment therefor. The ordi-
nary criminal procedure of the
state provides the processes by
which all violators of the law may
be brought before the proper
tribunals for punishment. There
is nothing particularly mysterious
or complicated in this procedure;
in fact, it is so plain that it is be-
ing followed every day by the
duly constituted prosecuting Off
GERS of every county in the state.
There is ono thing, however, to which
The Herald would particularly like to
call the attention of both the attor-
ney general, who seems to be indul-
ging in very great deliberateness
in his preparations to enforce the
law, and the board of railroad COM
missioners-and that thing is that the
Southern Pacific company and all other
common carriers who have offended
against the law in question are being
very rapidly granted immunity for their
offenses by the lapse of time.
Section II of the penal code of the
state provides as follows: Felony