The San Francisco call., 1908-08-16
WEBB PUNCTURES
REBATE DEFENSE
Attorney General Refutes the
Contentious of the Southern
PaCifiC's Counsel

In comprehensive argument of
General U. S. Webb closed the rebate
cases against the Southern Pacific
company before the railroad commits
sion yesterday. Webbs argument
ranged from refutation of the state
ments of the railroad counsel-and his
plea that the rebating had not been
"willfully'' done-to light sparring with
Attorney Peter F. Dunno and apt bib
lical quotations.
At the outset Webb drew attention
to the secret character OF all the re-
bate arrangements as in itself evidence
of discrimination.
II don't know that Mr.. Dunno knows
the saying" he remarked, but it is told
In the good book that Men love dark
ness rather than light because their
deeds are dark ! don't say this ap-
plies to all men, but it applies to the
railroad company because its special
rates were kept secret and from the
knowledge of the public
Referring to the statement by the
versatile attorney that the constitu-
tional provision forbidding rate dis
elimination was not good law, Webb
declared himself greatly surprised at
such a stand.
True, there is no penalty provided
for its violation" he said, nor is it
stated that a transportation company
violating it can be fined and imprisoned.
But honest men are controlled by the
law, though the violation be not yis-
tied by punishments. l trust that the
Southern Pacific company has not
reached that stage where it declares
those provisions of the constitution
not binding that do not subject its
officers to fine or imprisonment
PUNCTURES THE DEFENSE
Webb then discussed at length
Dunne's contention that no rebates
had been "willfully" granted as con-
strued in the statute of 1878, and
punched oratorical holes in this de-
fense.
In the statutes the word 'willfulIy'
is defined as implying purposes or
willingness to commit the act and has
to do with deliberation and set pur-
poses" he said. Il am quite sure Mn.
Luce did not make the special rates
accidentally, carelessly, negligently or
without the purpose of accomplishing
that which he did accomplish You
who have heard Mr. Luce's testimony
day by day know that he always keeps
his eyes open"
HE never sleeps" interposed At
torney Dunno.
HEBREWS 1875
Webb spoke sareastically of the
"dissimilar circumstances" theory for
allowing special rates to certain firms,
advanced by the company.
1T came so frequently in answer to
every question" he continued ironically,
that / was able to anticipate the an
swers far ahead 1t reminded me of
the passage in Hebrews 1873, which
reads Jesus Christ, the same yester-
day, today and forever.
Are you sure that wasn't Reve1a-
tions?' ventured Commissioner Irwin.
a twinkle in his eye
In his peroration and conclusion
Webb urged the commission to set
definitely the right of a railroad COM
pany to grant special rates.
: In this proceeding we have not been
as antagonists but as aids in present.
ing the situation to you as to whether
these rates are within the law or with
out it,V he concluded. 1T is time for
the commission to decide what consti-
tutes discrimination, and If the grant
ing Of special rates is ever justifiable,
how far you will allow it. l realize
that the shippers are not always right
nor the railroads always wrong 1t
lies with you to decide in Justice to
each"
The commission will not be able to
decide the case for several weeks. Tues
day. date for the hearing of the Santa
Fe rebate cases will be set.