Los Angeles herald., 1907-11-17

S5000 or one-fourth OF the maximum
amount Of the fine prescribed by law.
If the above estimate Is true as to the
total number of offenses committed by
jthe Southern Pacific company in San
Francisco during the twelve months
prior to October 8, and If these offenses
were established and that company con-
victed OF them, and fine in the same
proportion Of the maximum fine as that
imposed by Judge Wellborn in the case
of the Santa Fe were levied on the
effenses, 1t would make a total of fines
of $10S.50O,000. Or. IL a fine OF $780,
being one-fortieth of the amount of the
maximum fine prescribed, should be
levied on the Southern Pacific company
for each separate offense. and certainly
nominal, 1t would make total of fines
Of $10,350.000.
Supposing that the 20,700 violations
of the law above estimated should have
averaged about the same for every
month and day Of the twelve months
Immediately preceding their discovery,
and over which the Jurisdiction of the
court would extend, this would make
an average of 1725 offenses for each
month, and ffty-seven for each day,
which at the nominal fine of $500 each
would amount to $S62,500 per month and
$2S.5oO per day.
Thus for each day that is per-
mitted to elapse without the in
stitution of proper proceedings
against the Southern Pacific COM
pany to punish it for these crimes,
offenses committed during one
day are barred by the statute of
limitations. We can thus see the
value to the Southern Pacific
company of delay in that each
day that is permitted to elapse
without action cuts off legal re-
sponsibility for acts the fines for
which would doubtless total
many thousands of dollars.
So if the foregoing calculation
is correct, and any error in it
would appear to be on the side of
moderation, then the officers of
the state who are particularly
charged with prosecuting these
crimes, to wit, the state board of
railroad commissioners and the
attorney general. by their dilator-
mess in permitting a month and
a half to elapse since this matter
was brought to their attention
without the institution of pro-
ceedings, have probably present
ed to the Southern Pacific COM
pany at least ST ,293, $50, and have
deprived the public treasury of a
like amount.
In a recent interview upon this mat
ter the attorney general, with ponder
Gus self -suff1ciency. stated: "I do not
intend to take immediate action. At
the proper time I shall speak with force
and effect" Just what "force and
effect will accompany the threatened
oral delivery of the honorable attorney
general it is, of course, impossible to
predict, in view of the fact that thus
far his only performance in the prem
ises has consisted Of mastery silence
and inactivity. At the same time it is
probably not risking much to prophesy
that it will not have any more force
and effect" than his silence since the
occasion arose for his acting is shown
to have had by the foregoing simple
computation.
When we consider that his lack of
speaking is probably permitting the
Southern Pacific company to escape
something like 100000 in fines. during
each day that his dumbness continues,
it affords new and very forcible evil
dence Of the truth of the scriptural
aphorism that "silence is golden" No
doubt the treasury Of the Southern Pa
cific company fully realizes the daily
financial value Of the attorney generals
heroic repression of his power of speech,
and the people may possibly be depended
upon to forget that their treasury is
daily suffering in corresponding
amount with which it would be enriched
were its duly constituted and elected
officers to do their duty in enforcing
the law. At the same time it cannot
be denied that while the people and the
cause of law and justice are suffering,
the attorney general by the mastery
silence which he is maintaining is daily
comforting an important favor upon the
great corporation to whom, more than
to any other influence, he is popularity
supposed to have owed his place on the
Republican ticket upon which he was
elected.