Los Angeles herald., 1907-11-13
THE END IN SIGHT

dared hope.
The state railroad commission. aftor
more than three weeks of hesitancy,
during which time 1t has had pointed
out to 1t through the editorial columns
of The Herald the duties imposed upon
1t by the supreme law of California, the
constitution, has decided to take steps
through the courts for the prosecution
and punishment of the officers, agents
or employees Of the Southern Pacific
company who have accused themselves
of the crime of rebating.
In the course of recent inquiry into
the operation Of this road by Interstate
Commerce Commissioner Franklin X.
Lane certain officials of the Southern
Pacific, realizing that the interstate
commerce commission had no authority
to deal with that corporation for the
granting of rebates on business trans
acted within the borders of the state Of
California, confessed that 1t had given
such rebates. Something over three
weeks ago The Herald unearthed pro-
vision of the organic law OF the state
(sections % and % of article 12) which
made it obligatory upon the railroad
commission to publish tariff rates from
time to time for the governance of the
railroads, to see that the railroads
abided by these rates in their dealings
with shippers, and. in the event that it
could be shown that any discrimination
in favor of any shipper or shippers had
been shown, to proceed against the Of
Tending corporation in the courts.
These provisions of the constitution
were shown to two members of the rail-
road commission, Messrs. Summerland
end Wilson, by representatives of The
Herald. The attention Of Attorney Cen
eral Webb was directed to the law. The
two railroad commissioners expressed
surprise that any such provisions were
contained in the constitution and
agreed, one to look into the matter, the
other to seek the advice of the attorney
general The latter, in the meantime,
promised The Herald that he would in
quire into the subject and see what
could be done.
What decision the attorney general
has reached matters little now, for the
railroad commissioners, probably after
having taken sound legal advice, have
reached the conclusion that the conten-
tions of The Herald are sound, that it
is their duty "to establish rates of
charges for the transportation of pas
sengers and freight by railroad or other
transportation companies, and publish
the same from time to time" and "en-
force their decisions and correct abuses
through the medium Of the courts"
The railroad commissioners likewise
have come to complete recognition Of
the fact that the correction of abuses
confessed to by the Southern Pacific
carries with it legal action against
the railroad company, which, when adj
judged guilty of rebating, "shall be
fined not exceeding $4,000 for each
offense," and further, that "every Of
ficer, agent or employe of any such
corporation or company who shall de-
mand or receive rates in excess thereof,
or who shall in any manner violate
the provisions of this section, shall be
fined not exceeding $4,000. or be i'm
prisoned in the county Jail not exceed
ing one year."
The members of the state railroad
commission are to be congratulated
upon having thus early arrived at a
correct understanding of this unequivo-
cal and mandatory provision of the
highest law of the state and upon the
courage they are about to display in
taking steps to prosecute the self-con-
fessed criminals responsible for this
great offense against the law.
The inhabitants of California, who for
many years have lain helpless, as they
believed, under the aggressions of this
giant monopoly, whose once powerful
arm has reached into every department
of government and into the smallest
hamlets of the state-they, too, are to
be congratulated that relief from this
monstrous oppression, this suffocating
incubus, this vampire that long ago
might have been annihilated by one
we'll directed blow, is in sight.
The Herald modestly disclaims any
thirst for glory for having been the
instrument through which the mem
hars oP the efata raiIroad oornroisaio,,