Los Angeles herald., 1907-10-19
RAIL WA Us
MAKE OWN
TARIFFS
COMMISSIONER WILSON LETS
CAT OUT OF BAG
SUNDERLAND WOULD APPEAL
TO ATTORNEY GENERAL
State Officials Reveal Their Method
Of Perfunctory Approval of Rates
Submitted by Railroad
Officials

Believing that 1t had discovered IN tne
organic law of the state of California a
way by which those railroads which nave
granted rebates to favored shippers
might be punished without recourse to
the weak and ineffective statutes. The
Herald has pointed out to two OF the
members of the board of railway commits
sioners what it conceives TO be the I'M
perative duty of that body. 1t has also
made Ir quiries as to whether the commls-
sion has ever established rates OF
charges" for the railroads and whether
it intends, under certain conditions which
The Herald has outnned, to appeal TO
the courts to punish the Southern Paci1c
company as the commission is author
lied by law to do
Interviews were obtained from COM
missioners Wilson and Summerand- Com
missioner Irvine could not be found TO
each of the men interviewed these queries
were propounded:
Information Sought
"Have you established rates of charges
for the transportation of passengers ana
freight by railroa.s and other transpor-
tatiou companies in the late, including
the Southern Pacific com. any, and pub
lished the said rates, as the provisions
Oh section % of article xii the state
constitution require you to do?
IF 1t is found that the Southern Pa
cific company in granting the rebates and
special rates which the officials OF that
company, In the course of their examina-
tion before Interstate Commerce Commis-
sioner Lane, admitted to have given on
lcommerce within the state OF California,
| has violated the penal provision OF section
] 22 article XII of the constitution, to which
lyour attention has been called, ana py
| such violation the company and its Of
| fciaIs have subjected themselves to the
penalties imposed by the terms of sec
ton %, will you appeal to the courts to
nunish the Southern Pacific company and
its officials in pursuance of the authority
given you to correct ABUSES through the
medium of the courts by the terms of
said section 22?'
Commissioner SummerIand Talks
Theodore Summerland, the Third dis
tricts representative on the state board
of railroad commissioners, arrived in Los
Angeles from the north yesterday morn
ing When seen later in the day MT.
Summerland was handed copy OF Iues-
day mornings Herald and was asked
to read the editorial mot Opuohai, ~
which were printed the sections OF the
state constitution relating to the duties
of the railway commission
There are several provisions of the
state constitution relating to the rail-
way commission" said Mr.. Summerlanu
after concluding his reading OF the edi-
torial. (which decision of the supreme
court has nullitied, fact of which many
people are not aware
'po they affect the duties which are
made mandatory by the two secuons'
Nos. 21 and q of article Il, which you
have Just read in The Herald, the sec
tions which say transportation rates
shall be published and infractlons OF
them shall be punished?'
II am unable to answer that just
now" replied the commissioner.
Complaints Are Rare
ssWell, the board does publish the rates
submitted by the transportation com
panies and passed upon by the COM
missioners, does 1t not?'
eyes. Very few complaints are made
against the rates, much fewer than the
general public suppose. complaint was
laid before us some time ago by parties
ia the northern part of the state. We
assured the persons who thought they
were aggrieved that just rates would pc
given them IL injustice was being done,
and assured the railroad people that
fair return on their investment would
be granted them 1t is in that spirit
we approach such questions.
"Section %, article II OF the constitu-
ton. which you have before you, says
it shall be the duty of the board to
proceed against any railway or otner
TRANSPORTATION company which has been
guilty of not conforming to the published
schedule. In case the testimony taken
before Federal Commissioners. Lane at
San Francisco shows the Southern Pa
ciic company guilty of granting rebates
and special rates and has by such vio-
lation subjected themselves to the penal
ties imposed by the constitution, Will
you take up the case and appeal to the
courts to punish the Southern Pacific
a,,A off N
of the authority given you to correct
abuses through the medium Of the
courts?' !"
viii Pass the Matter Up
1--WE shall. if the case is brought be-
fore u.s.
'.sertion % says it shall be the duty
of tile board to do So"
'If the constitution says so we shall
do It want to abide by the COM
mands of the constitution. IN that case
we shall pass the matter over to the
states attorney general and proceed ac-
cording to his instructions"
commissioner Wilson in an interview
at san Francisco says the last iegls-
lature did not appropriate cent to de-
fray the expenses of an Investigation
such as Federal Commissioner Lane IL
conducting. Is that the case?
1T is
.'But does not the power Of subpoena
ing witnesses. which is given you, op-
viate the necessity of expense, contrary
to the implication Mr. Wilson'S state
ment earliest"
''I think 1t does. The people may rest
assured.'' said Mr.. Summerland as the
interview was concluded, that the board
will net in harmony with the constitu-
ton"
The views OF Commissioner Wilson are
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