Los Angeles herald., 1908-05-16
REMOVE THE RAILROAD
COMMISSIONERS

OVER seven months have elapsed
since it was shown by the report
~ of the investigation conducted in
San Francisco by the Hon. Franklin
X. Lane of the interstate commerce
commission that the Southern Pacific
in thousands of instances had been
guilty of violating the state law against
the granting of rebates.
The railroad commissioners of the
state of California ignored this report
for months until they were forced by
the demand of the independent press
of the state to take some notice of the
outrageous violations of the law which
had been shown.
The commission then announced its
determination to investigate the vio-
lations of the law shown by the tes-
timony taken before Commissioners
Lane. and since that time this inves-
tigation has been supposed to be in
progress.
The people were informed through
the press dispatches that the investi-
CATION had been delayed for some
thing like three months, pending the
securing by the commissioners of the
testimony taken before Commissioner
Lane. That this delay was not in
good faith is shown by the fact that
The Herald, a few days after the in
vestigation occurred, applied TO the
interstate commerce commission for a
copy of the testimony in the case, and
that in due course of mail after its
letter of application was written it re-
ceived q copy of this testimony.
This was received some two or three
months before the investigation by the
commissioners began and might I'M
doubtedly have been obtained by them
as quickly as it was obtained by The
Herald had they in good faith desired
to secure it.
Later on this investigation was adj
journed for about a month to await
as the public was informed by the
press dispatches, the return of Mr.
Luce so that the commission might
obtain his testimony. 1t will be borne
in mind that Interstate Commerce
Commissioner Lane obtained all of the
facts upon which his report was based
without Mr.. Luce's testimony and even
refused to permit Mr.. Luce to testify
before him.
Then the investigation by the COM
mission was adjourned to the city of
Los Angeles. which resulted in an
other delay and later on was taken
up in this city. The investigation
here was concluded more than month
ago, since which time nothing has been
heard of the matter and the commits
sion has been presumably engaged in
digesting the information which it re-
ceived.
Inasmuch as the violation of the law
against rebates by railroad companies
is misdemeanor and inasmuch as the
prosecution of a misdemeanor is barred
by the statute of limitations after one
year, it is perfectly evident that the
commission, by it's delay in pushing
this investigation and in bringing ac-
ton against the Southern Pacific COM
pany for it's offenses, has already per-
mitted the statute of limitations to
operate against the larger portion of
the offenses for, which the railroad
company might have been held.
Knowing the character Of the mem
bers of the commission and the in
fiuences which led to their nomination
by the infamous Santa Cruz conven-
ton, dominated by Messrs. Ruef, Her
rim, Parker and other Southern Pa
cific influences, the idea is suggested
with irresistible force that the COM
mission in all of this delay is simply
serving the influence which nominated
and elected it, TO wit, the Southern
Pacific Railroad company.
With these facts before the people
of The state The Herald desires to sug-
gest to the Democratic state conven-
ton at Fresno that that convention
should pronounce in unmistakable
terms in it's platform against the out
rageous official dereliction of the men,
bers of the state board of railroad COM
missioners and should pledge the DEM
ocratic party not only to an investi-
cation of this board, but to the removal
of all of it's members by the legislature
that they have been guilty of the dere-
LECTION of duty, corruption or incom-
potency which the constitution of the
state makes grounds for their removal