The San Francisco call., 1909-02-16
Railroads Fight
Regulation Bill
CLASH OVER POWER
OF RAILROAD BOARD
Authority Of Commission to Fix
Absolute Rates Proves
Bone of Contention
Especial Dispatch 10 The CALI

CALL HEADQUARTERS, CHAMBER
OF COMMERCE BUILDING, SACRA-
MENTO. Feb 15.-Whether the railroad
commission has the power to fix abso-
lutte rates or only has power to fix
maximum rates is the question around
which the entire discussion of the ad-
ministration's railroad regulation bill
torney for the traffic bureau of the
merchants exchange or San Francisco,
and Attorney General Webb addressed
the committee in defense of the meas
ure.
Peter T. Dunno, counsel for the South
ern Pacific, when he appeared before
the committee attacked the bill on the
ground that it would be unconStitu-
tional, as it conferred power on the
commission which was not contem-
plated in the organic act. The support
ers of the bill contend that under the
constitution the commission has full
power to fix rates absolutely. All sides
have now been heard on the bill, and
the committee will take it up tomorrow
in executive session, together with the
other railroad measures.
RIGHT TO FIX RATES
Admitting that the constitution was
not plain in regard to what powers it
conferred on the railroad commission.
Mann contended that unless the power
to fix rates absolutely were conferred
1T would work an injustice.
IF the commission Is only allowed to
fix a rate which the transportation COM
panies can not exceed" said Mann, "it
will give TO these corporations power
to discriminate by changing the rates
under the maximum. They may make a
lower rate to one person than they will
to another under the same conditions.
If they can only charge one rate, how
ever, not having the power to increase
or decrease it, every one will receive
the same treatment. l do not think
there is the slightest doubt that the con-
stitutfon confers on the commission the
right to fix rates absolutely"
Mann suggested number of minor
amendments and also another striking
from the bill provision which would
! give the transportation companies the
right to charge shippers for the loading
and unloading of cars.
T. Carey Friedlander, A L. Scott, John
Harron and w. C. Barnard, all members
of the merchants exchange, expressed
their Endorsement of the bill.
FAVoRS EXPLICIT AMENDMENT
iO diCtd VI OillcI uSllC6 IN
his decision of the Edison VS. the South
ern Pacific case, on which the trans
portation companies rely to prove that
the constitution does not confer power
to fix rates absolutely, are of no force .
said Webb. In that opinion he was
not passing on the question at ALL and
simply used the term maximum rate in
relative sense. l. do admit that we
should have constitutional amend
ment defining the power of the COM
mission explicitly, but in the meantime
we should take advantage of what
power we have and enact this measure,
which follows the lines of the con-
stitution as it exists at present"
Senator Wright expressed doubt as to
the amount of power the constitution
conferred on the commission and sew
eral other members took the same view.
The administration measure is the
only bill before the Legislature which
confers on the commission the power
to fix rates absolutely. The Campbell
and Wright bills provide for the fixing
OF maximum rates, and it is probable
that this will be the bone of contention
in the committee when it takes the
matter up tomorrow. The measures
will undoubtedly be taken up on the
floor of the senate this week
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