The San Francisco call., 1909-02-25
DISCUSS
RAILROAD MATTERS
Committee Approves Reciprocal
Demurrage and Hears Webb
on Rate Fixing
Especial Dispatch TO The Call

CALL HEADQUARTERS CHAMBER
OF COMMERCE BUILDING, >SACRA-
AIENTO, Feb 24.-By unanimous
vote the senate COMMITTEES on judiciary
today approved the reciprocal demur-
rage bill introduced by Miller of vi
salia. This means that the measure,
which has been bitterly fought by the
railroad lobbyists, will have small diff
iculty in passing the senate.
1t was hardly the railroads inning
in the judiciary committee at any time
today. When the committee took up
the Stetson and Wright railroad bills
Wright precipitated the pivotal dis
cussion by moving that any bill re-
ported out should contain a provision
for maximum rates.
PLEA FOR MAXIMUM RATES
Wright said that his bill provided
for maximum rates. while the Stetson
bill provided for absolute or inflexible
rates. He thought the constitution was
on his side because it contained an
inhibition against any railroad charg
ing rates in excess of the established
rates.
Stetson took issue with Wright He
said the constitution made it manda-
tory for the railroad commission TO fix
absolute rates
Attorney General Webb took up the
argument by showing that whenever
the railroad commission had fixed
rates these had been absolute and not
maximum. He characterized Chief
Justice Beatty's dictum regarding
3 in Hn q q
IAN amendment to the constitution, but
not adopted in regular form"
FIGURES ON REBATING
Webb pointed out that when the
railroads went below the fixed rates
they did it by rebating. thereby show
ing that they did not regard the rates
as maximum, but absolute. His fig
ures on rebating interested the COM
mittee and so he particularized:
Rebates We're given in lib cases in
1905. 1906 and 1907 In 1904 the rail-
lutte oil rate of 81 cents per barrel
The Santa Fe billed shipments at 81
cents and rebated to favored shippers
down to 25 cents. These oil rebates.
which were secret, aggregated $4,000
ABSOLUTE RATES URGED
IF this committee can ascertain that
the constitutional convention intended
the railroad commits sion to fix absolute
rates it will follow thatthe only act
this legislature can pass will be one
empowering the commission TO f1x alb
solute rates.
/ on this thesis the attorney general
argued through the afternoon and far
into the night. He declared that the
system Of fixing by law maximum rates
/ had obtained for 30 years when the
constitutional convention met
The members came freighted with
! grievances based on the maximum sys-
tenn" declared Webb, and gave much
time to the subject. They realized that
/ different method was needed, that in
stead of maximum. absolute rates
should be fixed"
CHANGE BY RAILROADS
Nowhere in the constitution or in
laws since passed, said Webb does the
word maximum occur. He backed his
argument by readings from the pro-
/ ceedings Of the constitutional conven-
tion. He pointed out that one reason
why the constitution was not more ex
plicit on the subject of absolute rates
was that in earlier years the railroad
evil was not rebating and discriminat-
ing. but charging all the traffic would
bear. The argument will be resumed
] tomorrow night
Anto-Frat Bill Vote Reversed
CALL HEADQUARTERS CHAMBER
OF COMMERCE BUILDING, SACRA-
MENTO. Feb. 24.-Sacketts anti-frat
/ bill was reconsidered in the assembly
today and passed by a vote of SO to 10
after the oath bound fraternities of the
/ high schools had come in for more
condemnation at the hands of the legis-
A. NJ. Drew of Fresno opposed recon
sideration and read letter from
/ Sacramento high school boy saying
/ that the fraternities promoted scholar
ship.
Grove J.. johnson replied that the Sc
school had nearly broken up the high
school. He told Of boys and girls who
/ had felt compelled TO quit high school
/ because they had been ostracized.
G. G. Young of Berkeley said he had
been a member of a high school fra
ternity while he was teaching in San
deteriorated until money became the
principal requisite for membership.
Oscar Gibbons considered the frats
Frank Otis and ]. \. o. Rech. 10
r. l. Beardslee of Stockton said he
had voted 10 reconsider because he
understood the vote yesterday was
/ joke.
Senators for Initiative
CALL HEADQUARTERS CHAMBER
/ Or OOMMkh0E bOlLl11NO, SAC hA-
MENTO, Feb. 24.-Senator Blacks
measure calling for the submission of
the initiative to the people as a con-
stitutional amendment was favorably
4 reported for the second time by the
! judiciary committee today. The vote
/ stood:
For the AUTHORIZATIONS, Cami-
netti. Campbell. Curtin. Cutten, Miller
Mccartney, Stetson. Thompson-9
Against the initiative-Estudillo
/ Savage. Wolfe. Wright, Willis, Burnett,
Martinelli-T.
Senate for Japanese Census
! CALL HEADQUARTERS CHAMBER
! OF COMMERCE BUILDING. SACRA-
! MENTO. Feb. 24-The governors bill
appropriating $4,000 to be used by the
state labor commissioner in the COM
pilation of statistics regarding the
/ japanese in California for the enlight-
enment of the president and of the
public at large passed the senate to-
day. 1t passed the assembly last week.
Caminetu taunted the senate with sue
cumbing to the big stick and declared
that the Japanese We're coming into
California from all sides.
/ SCHOOL IMPROVEMENTS