Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-12-24
SAYS SAN PEDRO
SHOULD NOT BEG
TERMINAL RATES PETITION
MUCH CRITICISED
SOUTHERN PACIFIC DOES NOT
HOLD WHIP HAND
President of Municipal waterways
Association Points Out That Inter-
state Commerce Commission
Is Proper Tribunal

In sthe opinion OF Joseph II. Can,
president of the Municipal waterway
association, the appeal to the southern
Pacific railroad to grant termlhhl Idies
to San Pedro is tacitly an acknoWleus-
ment by that city that the railroa9 Is
i GOVERNING mower and places san
pedro in a humiliating attitude. Sueh
q request, Mr.. Call says, II mace ny
petition should be addressed TO tfle III
terstate commerce commission;
.The petition asking the southern
Pacific to grant terminal rates 10 pan
Pedro now being circulated py ooutn-
ern Pacific interests, is, in my OPINION;
an iIIegla proceeding" Mr.. can Sald
Yesterday "based upon false hypoth-
esis that the Southern Pacific is a law
unto itself and may grant or feIuse
terminal rates, regardless OF lne pr
visions Of the interstate commerce. aet,
ave have all fought for terminal
rates for San Pedro the harbor of Los
Angeles. and we have always proposed
IA secure those terminal rates in ac-
cordance with the law, so as TO holu
them when they have been obtained.
''The interstate commerce act, Whlch
regulates all interstate commerce rates
prohibits every railroad from discrlm-
mating between cities, towns. localities
and persons and the only legal reason
which exists in the law for granting
lower rate to one place than to another
is in the fact that there Is acllFe anu
real competition, such as water trans
portation, which the railroad IS com
pelled to meet and must therefore low
er it's rates, the effect of which is 10
grant to that place what is called
Terminal rate
Every city upon the Atlantic or Pa
cit1c coast upon the lakes or upon the
Mississlppi. which has water trdnspor-
tation, has been given terminal rates
a. HOO .Ig- 70
competition.
"Whenever San Pedro constructs
public docks, by means of which YES
sells carrying freight from the east
around the Horn, or by Panama or
Tehuantepec, can land such freight IN
San Pedro in competition with the
Southern Pacific railroad, then san
Pedro will be entitled under the law
10 the lowest terminal rates which 1t
can enforce through the commerce
commission and which terminal rates
the railroads will be obliged TO grant
in order to meet such water competi-
ton.
Addressed to Wrong Body
"If such competitive conditions do
not exist at San Pedro the Southern
Pacific has no legal right to grant ter
minal rates: and if they do exist, 1t is
bound to grant them.
1.-The trouble with this petition Is
that 1t is addressed TO the wrong Dou4
Tt should be addressed to the Interstate
commerce commission, which represents
the United States government and not
TO the Southern Pacific, which is not
the government of the United states.
at appears to me that 1t is humil
iating, as well as Illegal, to address
such a petition to a private corpora
ton upon the assumption that IL has
the power. regardless Of the law to
grant or refuse to grant terminal rates
IF there Is any competition with the
Southern Pacific railroad at San Pedro
] would be glad to be the first to sign
q petition addressed to the interstate
commerce commission to compel the
granting of terminal rates for San Pc
slro. and to secure the enforcement OF
any orders made by the commission.
''The courts consider agreements by
railroads to make certain rates or to
establish depots in certain places or to
gram other facilities for the purpose
Of securing privileges or franchises as
Illegal and in violation of public policy.
II do not know what the Southern
Pacific wants I'm addition to what it
has already obtained i'm San Pedro, bet
suppose they have discovered that
they have overlooked something