The San Francisco call., 1908-05-13
EXPRFSSCOMPA PAN|fS
CANLAUGHATSTATE
Attorney General Rules Railroad
Commission Has No Power
Over Them
Has Jurisdiction Only Over Rail-
roads and Steamships on
Inland Waterways

Attorney General U. S. Webb sub
mitted an important ruling to the state
board OF railroad commissioners yes
terday to the effect that the commits
sion had no Jurisdiction over express
companies. At the same time the at
torney general held that the board had
authority over steamship companies
operating on the rivers and inland
waterways OF the state.
The opinion Of the attorney general
was not regarded al definite in re-
gard to the powers of the commission
as related to steamship companies
operating between the coast ports of
the state. and a further ruling will be
sought from Webb.
In ruling that the jurisdiction of the
commission did not extend over the ex-
press companies the attorney general
said:
THE term railroad cannot possibly
include an express company. for 1t is a
well known fact that an express COM
pany owns neither rails nor cars nor
motive power and is merely a common
carrier. operating upon railroad. un-
der a contract with the railroad COM
pany. 1t is true that, in a sense of
the word, they are transportation COM
panies, inasmuch as they transport par
cells from point to point, both inter
state and intrastate and yet they are
not in a strict sense transportation
companies by reason OF their lack of
transportation facilities"
ONE POINT IN DOUBT
In passing upon the boards authority
over water companies Webb quoted
from the act of 1880 defining trans
portation companies" which has al
ready been upheld by the supreme
court. Among such concerns are
enumerated "all companies owning and
operating steamships engaged in the
transportation OF freight and passen-
gers from and to ports within the
state" as well as upon the rivers and
inland waters" of the state.
While IL is clear that the commission
Is thus given power to regulate COM
merce on the streams and lakes of
the state, some doubt exists among
members of the commission whether
the coast harbors may, be considered
ports within" the state.
Commissioners Irwin, Loveland and
Summerland sat as court yesterday
listening to evidence introduced to sup
port the complaint filed by the Bridge
ford : Cunningham lumber company
against the McCloud river railroad The
plaintiff charges that while It formerly
enjoyed rate OF 81 a ton on lum-
Der shipments from Algomah to Sisson
In Shasta county. a distance of 81
miles, it is now compelled to pay $3.50
ton. 1t sets forth further that the
McCloud river lumber company. owned
by Scoot & Van Arsdale, who also
own the railroad, pay only SO cents
ton on logs for haul of rs miles. The
complaint asks that it's rate be low
cred to 50 ton.
BREWERS SEEK RELIEF
When the case opened the McCloud
company objected to-, the proceedings
on the ground that they were matters
for the interstate commerce board The
state board ruled, however, that the
matter was purely one of state juris-
diction.
Two witnesses were placed on the
stand, ]. H. Osmer the auditor of the
railroad, and F.. D. Madison. its at
torney and secretary. Judge e A.
Bridgeford appeared for the complain
ant and Attorney f. D.. Madison and
Charles L. Brown represented the lun-
Der company The hearing will be re-
sumed at 10 o'clock this morning.
The board received a communication
from Baker & Hamilton and the Pacific
hardware and steel company asking
that q resolution be passed which
would allow the correction of errors ~,
the freight charges without the for
mafties now. required Such course
has been taken by the Interstate COM
merce commission and the local COM
missioners expressed their approval.
The Los Angeles brewers have asked
for. readjustment of rates which will
allow them to compete in San JOAQUIN
valley points with the brewers of San
Francisco.
It was learned at yesterdays meeting
that the fund for. travelling expenses
of the commissioners and for witnesses
summoned to hearings had been ex
The state board of examiners
will be requested to appropriate the
necessary money.