Los Angeles herald., 1909-01-28
RAILROAD BILLS
TO START FIGHT
SIX MEASURES AIM TO REGU-
LATE TRAFFIC
LEGISLATURE CONFRONTED BY
UNUSUAL ARRAY
Boynton's Document Good, Except for
Heavy Penalty for Neglect to
Provide Cars = Other
Laws Proposed
Isnecial to The Herald. !

SACRAMENTO, Jan. 27.-After set
tling the anti-Japanese controversy and
the direct primary bills the legislature
will find itself confronted with a num-
ber of bills aimed at the regulation
of the railroads of the state and which
will precipitate another wrangle.
Half a dozen men have introduced as
many bills travelling by half dozen
different routes toward one common
point-at least apparently so. One of
the bills is unthinkable, because of the
excessive penalty it imposes upon rail-
roads violating one of it's provisions.
This is senate bill No. ia, introduced
by Senator Boynton.
The bill in itself, aside from the
heavy penalty it imposes, is not very
bad measure 1t is a reciprocal de-
murrage bill, pure and simple. 1t pro-
vides that when any person, firm or
corporation having freight to ship
shall apply to a railway company for
cars, to be furnished at the point the
cars are desired, the company must
supply the number Of cars specified in
the application and at the point indi-
Gated within a reasonable time after
the receipt of such application. If the
application be for ten cars or less the
cars must be furnished within five days
after the filing of the application; if
for fifty cars or more, they must be
furnished within ten days.
Asks Punitive Damages
Section of the bill imposes a penalty
of $50 per day for each car as punitive
damages in addition to all actual dam
ages that may be sustained. Section 4
provides that upon the failure of the
shipper to load his cars within forty
eight hours after they have been deliv-
cred he shall forfeit SIS per day for each
car applied for which is not loaded
Section imposes a penalty of S. a
day upon the consignee for failure to
unload shipments from cars within
forty-eight hours after delivery and
written notice of arrival thereof.
Senator Stetson's bill. which was
drafted by Benjamin Raymond, an as
sistant in the office of Attorney Cen
eral Webb, is assumed by some to be a
strong anti-railroad bill, but a feeling
appears to be arising, especially since
the recent raise in rates, that the
strongest possible bill and yet a bill
that will stand the severest strain,
should be passed.
There is no doubt that the Republi-
can politicians Of the state are at
tempting to devise some means to
blind the eyes of the people in this
matter, and the charge has been made
that the Stetson bill, or, as it was orig
inally known. the Gillett-Webb bill, be-
ing recognized as having been pre-
pared by men who owe their political
positions to the Southern Pacific rail-
roads political bureau, should be an
alyzed with extraordinary care.
Could Obtain Little Redress
One of the worst things about the
governors pet measure is that it ap-
parently makes it extremely difficult
for those injured by railroads to obtain
redress, compelling them to go to the
state railroad commission instead of to
the courts for relief Inasmuch as the
state railroad commission, as at present
constituted, has come to be regarded
from one end of the state to the other
as part of the purchased material of the
Southern Pacific railroad, it will be
hard to convince some of the least un-
sophisticated members that the bill
does not contain one or more bugs
that may escape and do great damage
at some critical moment.
And yet the Stetson bill at the present
| moment is probably nearer to passage
than any other bill pretending to regu-
| late railroads in California Unfor-
tunately it leaves practically every
thing to the state railroad commission,
going a little further than the long
| ignored provision of the constitution on
WlllCA IL IL DdSGus SACSpIlIlS IudI IL
provides for the physical valuation of
| railroads. To this extent at least it
is regarded by students as having a
distinct advantage over some of the
other measures.
Some Strong Features
There are some very strong features
about the Campbell bill, however. One
section compels the railroads to fur
DiCh connections and side fro xxvbaYa
the business of any community war
rants it at the expense of the appli-
cants.
Provision also is made compelling the
railroad company to file a schedule of
it's rates with the commission, and there
can be no change in such rates, once
they are filed, without a public hearing
after thirty days notice has been given.
Power is conferred upon the commits
sion to prohibit any change in rates if
they are found to be unreasonable.
| The Campbell bill establishes a recip-
rocal demurrage of $40 per day per car
to go into effect upon the expiration OF
forty-eight hours
1t provides for the recovery of actual
damages and penal damages for willful
injury of property in transit.
Besides this bill Senator Campbell
has also introduced a constitutional
amendment providing for increasing
the number Of railroad commissioners
from three to five and giving them
supervision of the street railway sys-
tenn of the state.
Senator Caminetti, besides being re-
sponsible for the joint resolution rela-
tive to railroad rates and express rates,
is the author of the following proposed
amendment to the state constitutions:
THE legislature shall have power
to establish, construct and maintain
state railway highways for steam, cleo
tric, motor and other train service; TO
equip such highways for freight, ex-
press and passenger traffic, and to
enact laws necessary to establish, con-
struct and maintain the same, also pro-
vide for the management, control and
regulation thereof under competent
authority.
mo franchise lease or other privilege
thereon or thereto shall ever, except as
herein provided, be granted to any per-
son, partnership, association or cor
poration. 1t is hereby declared not to
be the object of the state to operate
trains on such state railway highways
for freight, express or passenger ser
vice, but to afford transportation facili-
ties on equal terms as to charges and
euual rights as tO privileges for freight