Los Angeles herald., 1907-11-15
RAIL WA Us
TO ANS WEIR
FOR CRIME
FULL POWER OF STATE WILL
BE INVOKED
I'VE WILL GO STRAIGHT AHEAD"
Is DECLARATION
After Probing Situation, official Pre-
pares to Follow Up Revelations
Made at Interstate Conn
MISSIONS Hearing
snen,nI .n Tho 1Iernld

Special to The Herald.
SAN FRANCISCO, Nov. 14.-Whilc
NO action has been taken MS yet to
bring to Justice the railroad companies
and officials who have confessed be-
fore the interstate commerce commits
sion that they have violated the law
against rebating, there lis every prob
ability that prosecution Will be begun
by the attorney general of the state,
according to an interview with Attor-
ney General Webb today.
In response to the direct question
whether any action had been taken, the
attorney general replied:
'No action has been taken on this sub
ject--in court The matter has been un-
der investigation ever since the disclos-
ures were made at hearings before Com
missioner Lane and very thorough study
of the law in the case has been made.
This inquiry is still in progress, but no
conclusion has been reached as to proper
method of procedure,
"All officers of this department have
been very busy for two weeks consider
ing matters which will be submitted at
the coming session of legislature, and
little time has been given to anything
else. The question of the prosecution
of offenders whu have given rebates has
been considered to some extent In this
connection. Reorganization of railroad
commission, which seems likely, will
have some bearing on the prosecution
of rebaters. 1t is also probable that
| l1~x rrrtn 1A RI III
to proceed in the prosecution"
+ Will Enforce Laws
Mr.. Webb was asked, ,.nhas this matter
| been presented to you by railroad COM
missioners?"
He replied emphatically: mo, I have
heard nothing from the commissioners,
although I see in the papers they
are preparing to take some action. As
soon as any step is taken by the COM
mission you may be sure that this de-
partment will do it's whole duty. 1t
makes no difference to us what company
or companies are involved. We will see
that laws are enforced. A great and
complicated question such as this cannot
be treated without careful consideration,
and 1 do not propose to try this case in
the papers before we take 1t into the
courts. do not intend to take immedi-
ate aCI1On. am nOL sure WHdI COURSE
shall pursue, but when 1 reach a de-
cision we will go straight ahead. While
have no information on the subject,
I expect the commission will bring the
matter to the attention of this depart
ment in due time"
Webb was asked if the provisions of the
constitution were the only laws under
which the state could take action against
the confessed rebaters.
He said: Apparently there are no
statutes outlining the mode of procedure,
and we will have to depend on the pro-
visions of the state constitution for our
authority.
THAT is one of the matters to which
we are giving our attention. There is
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
Legislature May Consider Case
| The attorney general was asked also:
'Is it necessary for. you to wait for the
commissioners to bring the facts to your
attention in formal manner before taxi
| ing action?'
He replied: mo, but that is one of the
methods in which the case can be pre-
sented You can be sure that the laws
will be enforced and that this office will
do its full duty without fear or favor.
cannot say at this time whether shall
begin prosecutions in the event of the
failure of the commissioners to bring
the confessions of the rebaters to the
attention of this office, because as
said before I am not sure of the grounds
we have for action. 1t would not help
the case or the people for me to give
out my plans. At the proper time I
shall speak with force and effect"
In closing he said: 81 am glad the
editors of The Herald thought best to
send to me for an opinion, as thought
they had settled the entire matter"
| Mr.. Webb talked rather vaguely on
the possibility of the questions being
brought before the legislature, but did
not go into details. leaving the impress
sion that this part of the case also is
in hazy condition.
| -e>1-