The San Francisco call., 1909-01-06
Governor Prepares Bill for SUBJ
mission to Legislature to
Prevent Discrimination
Measure Modelled on Wisconsin
Statute, With Provisions of
Interstate Commerce Act
By George A. Van Smith

OF COMMERCE BUILDING, SACRA-
MENTO. Jan 5.-~I am going after
railroad rates and rebates and am go
ing hard" said Governor Gilett this
morning with reference 10 q portion Of
his message which calls upon the legis-
jsture 10 revise and make effective the
California laws. ostensibly designed 10
regulate railroads.
Governor Gnlett has not stopped with
the recommendations contained in his
FIRST biennial message. He has a bill
which he expects viii be completed
within day or two and which he says
VIII give California railroad reguls-
tion law as good as the laws Of Wis
oonsin and Texas.
The governor has not decided who
viii introduce his bin. but it developed
today that Senator Leroy a Wright OF
san Diego is working on similar bill,
which ne probably VIII have ready for
introduction when the legislators now
.vsrring over the division of limited
artache spoils get around 10 the sub
.1ect OF legislation
TWO BILLS ARE IDENTICAL
Both bills, according 10 their spon-
sors, VIII provide for the application OF
The principles and general provisions
II The interstate commerce act TO Cal
ifornia, as has been done IN Wisconsin,
New York and Texas.
The two bills. as described by Gov
.:crn0r Gillett and Senator Wright. are
virtually the same and are designed to
take the railroad regulation sections
of the California code out OF the Joke
, book index. Neither provides for the
Wiping out Of the present railroad
commission, which could be done only
:by constitutional amendment. but
each is sweeping in its described terms.
:-and Wright is as emphatic as is the
governor IN declaring that he is pre-
pared TO fight for the enactment OF
some genuine railroad legislation.
GOVERNOR DEFENDS LOVELAND
Governor Giuett is By no means en-
: :9thusiastic over the performance Of the
railroad commission. but he vigorously
defends Commissioner LOveland. who
drew his job from Gillett, and who. the
governor says. has worked hard in the
.. preparation Of the bin which il en-
=. acted VIII give the commission real
powers and the governor no excuse for
. failing 10 remove a commissioner or
commissioners for failure TO exercise
those powers.
we think said Governor GInett.
shat we have bill quite as good as
She rarre ~ TT-sero-sf, 49, VI - 4
Texas II is modelled closely after those
laws and applies the provisions Of the
, interstate commerce act 10 California
CAN NOT CHANGE COMMISSION
The commission? Wei, we can not
change that nor the number OF It's
members The constitution provides
~ for the election Of the commissioners
and hxes their numbers.
. IT Is true that the work OF the com
mission has been anything but satisfac-
tory. but the fact remains that under
existing laws the commission has no
genuine power and has had no money
with which 10 prosecute Investigations
II they had the power 10 DO anything
''Onc Of the greatest difficulties en-
oountered N the attempt TO enforce
laws against railroad discrimination has
been the production OF proofs Many q
man las been convinced that he has
been Disseminated against. but could
not prove it. His competitor who got
p. the discriminatory rate could not be ex-
-pected TO confess the advantage given
him by the railroad company.
RATE FIXING PROPOSED
. This bin provides that the rates
shall he fixed by the commission and
tla1 such rates shall be kept on file for
..,public inspection. The granting Of q
:. rate cbeaper than that fixed and fled
.ty. the commission is made TO constitute
.prima facie proof OF discrimination. and
p. She burden Of proof shifted from the
people 10 the transportation company.
The beneficiary Of a rebate or a ais
criminatory rate is made equally guilty
with the corporation granting It and
subject 10 the same punishments. which
include both fines and imprisonments
We are going 10 fight for this bill II
necessary. and We viii have Law
which viii enable US 10 secure equal
treatment for All shippers or get some
. oficers OF railroad corporations in jail
Caucus Upon SENATOR
The republicans viii meet in joint
:. caucus al the capitol Thursday night tc
decide that George C. Perkins shall sue
j.. ceed himself in the United States SEN
ate. And despite the activity OF some
: of the democrats there are no present
Indications that there viii be many
vacant chairs when the republicans are
p. given an opportunity 10 renew formally
, their pledges Of fealty TO Perkins OF
>: the Organization. as may be true in the
Individual case
The pie has not been entirely dis
trfbuted yet. and many OF the brethren
who do not care whether Perkins gets
q senatorial toga or the gout are
nightly interested in what they hope
10 get in the way OF committee assign
znents and subsequent dips in the treas
ury. who viii not desert the paths Of
program for the doubtful glory Of as
sisting the democratic majority in
grabbing some cheap capital The
scheme which started with a whooT