Los Angeles herald., 1907-11-17
THE GOLDEN SILENCE OF
ATTY. GEN. WEBB

II speaking OF Ln0 VIOLATION OF IHe
- state law against rebates and spe-
cial rates which the officials of the
Southern Pacific have confessed to, is
reported to have said: "A great and
complicated question such as this can
not be treated without careful consid-
GRAFTON. do not intend to take imme-
diate action. am not sure what
course shall pursue, but when reach
a decision we will go straight ahead.
apparently there are no statutes
outlining the mode OF procedure, and
we will have to depend upon the pro-
visions Of the state constitution for ou1
authority.
There is good deal of difference OF
aspects Of the case. and no action can
be taken until these points are settled"
With all due respect to the learned
attorney general of the state of Cali
fornia. the foregoing, IN the opinion of
The Herald, and in the opinion Of a
good many lawyers Of the state who.
It is safe to state, rank as high in their
profession as does the attorney general.
is about as superlative rot as was ever
embodied in the same amount of "1an-
guage."
AS has been time and again shown
by The Herald, the provision Of section
% Of the constitution of the state in
plain terms makes the granting by the
common carriers Of the state of rates
for passenger or freight traffic different
from the rates fixed and advertised by
the state board of railroad commission
ers crime, and provides as punish
ment for such crime a fine not exceed
ing $4,000 for the offending corpora
ton, and fine not exceeding $4,000, and
Imprisonment not exceeding one year,
for the officer, agent or employe of the
corporation through whom such rates
were granted.
Having had his attention called to
the section of the constitution provid-
ing that certain act shall be a crime
and prescribing the punishment there
for, the attorney general would have
us believe that apparently there are
no statutes outlining the mode of pro-
cedure, and we will have to depend on
the provisions of the state constitution
for our authority"
Every criminal court of the state and
all the provisions of the code Of Grim
inal procedure of the state are at the
service of the attorney general for the
purpose of Furnishing any crime that
is committed within the jurisdiction of
the criminal courts. In the opinion of
three eminent lawyers whom The Her
aid has quoted, and of q number to
whom The Herald has referred the
matter but who have not been quoted,
the granting of rebates and spe-
cial rates by common carriers in
this state Is a crime to be pun
ished like any other crime by appro-
pirate procedure established in the
criminal code Of the state; which means
that it can be punished either by indict-
ment of grand jury or by informa-
ton filed by district attorney. The
attorney general Of the state has GER
| tain supervisorial control over the dis
trict attorneys of its several counties,
and it is within his right, and it is
made his duty, to see that the district
attorneys perform their duty in prose-
cutting violations of the law.
Just what mysterious complication
involves the matter of Furnishing COM
mon carrier for the commission of a
crime whose character and punishment
are so clearly defined had not been dis
covered by any attorney Of the state to
whom the matter was submitted until
it was brought to the attention of the
attorney general, and he is certainly
entitled to the claim of novelty for his
discovery.
The attitude of the attorney general,
however, may be explained by a fur
ther consideration Of the matter. Ac-
cording to the press dispatches 1t was
shown before Interstate Commerce
the Southern Pacific company had in its
San Francisco offices list of Ala favored
shippers to whom rates less than the
regularly advertised rates were granted
UPON lLclI cAiPiiiOhIos OiNSA eAAO SsS~e
ute of limitations governing prosecu-
tions for misdemeanors and in which
class of crimes the granting of special
rates and rebates undoubtedly comes
the only preferred rates for which q
common carrier is subject to prosecu-
ton must have been granted within
twelve months before the prosecution
is undertaken.
1t, of course, goes without saying that
the shippers to whom these preferred
rates were granted were among the
largest and most important In Sar
Francisco, for it is to obtain the busi.
ness Of large shippers that common
carriers violate the law prohibiting the
granting of special rates and rebates
1t is hardly probable that within th'
year Of most active business immedi
ately prior to the facts being brough
out before Commissioner Lane on Octo
ber last, the granting OF special ratel
to these shippers averaged less thar
fifty for each shipper. The extrem'
Iro0dera tion of this estimate is ennnha