Los Angeles herald., 1910-01-22

has frequently decided that only
interested shippers can maintain an
action for reparation or refund.
This, as the eminent gentlemen
who signed your communication
must know, is in line with the de-
cisions of our state courts in the
matter of suits for damages. With
reference to bringing a blanket ac-
tion covering all rates, this COM
mission is arranging for meetings
to be held in various parts of the
state in which all parties in inter-
est will be invited to participate,
to the end that the commission
may know the wishes of the ship
pers and the people be advised of
the attitude of the commission ana
the reason therefor AS to the ret-
erence contained in your communl-
cation to the inactivity" of this
commission, it need only be said
that even a cursory investigation
would probably have suggested the
wisdom of omitting that statement,
unless, as this commission believes,
it was made by the Democratic Of
fee seekers who signed your COM
munication for political effect.
The commission announces IN
conclusion that it will at all times
heed the needs and requests Of
shippers of this state, but will at
no time be coerced into any action
by the threats of those whose in
terest in the welfare of shippers
seems to be strikingly coinci-
dent with what they appear to re-
gard as their op. ortunity for po-
litical preferment. AS to your in
timations with refe ence to COM
binations as between rail and water
carriers, which are vague and in
definite, the commission believes it
is justified in asking you for some
thing more specific, and will well
come any information which you
can give it that will justify action
with reference to this important
matter.
This commission expressly denies
that it is in sympathy with the
shippers of one section of our state
as against the interests of the
shippers of another section. The
interstate commerce commission
has frequently had the west-bound
rates before it for consideration
without declaring that it was an
unreasonable rate; the east-bound
rate is in no instance more than
the west bound, in some instances
less VIII OlIlCG StNN eth III La
vor of east-bound rates, among
which may be mentioned the fol-
lowing: There are ninety-fOur
(9D points on the Pacific coast
which take terminal rates from the
east, there are eighteen hundred
and twenty-eight QS2S) points on the
Pacific coast which take terminal
rates on east-bound shipments. 1t
may be that on certain specific
commodities which have peculiar
- circumstances surrounding them
the east-bound rates may be sue
cessfully questioned. 1t would ap-
pear that this has been done in
the case of the Oregon lumber rate
case, although that case is now on
appeal before the supreme court
and has not been decided
AS before stated, the commission
stands ready to take any action
necessary for the protection of
California shippers.
Very truly yours,
A. c. IRWIN,
H. D. LOVELAND,
THEODORE SUNDERLAND,
Commissioners.
The following is the letter sent tc
the railroad commissioners by the
of the Democratic state cen
tral committee:
San Francisco, Jan. II, 1910.-The
Honorable, the Board of Railroad
Commissioners, San Francisco
Gentlemen: At a meeting of the
Democratic state conference held
at San Francisco on Saturday, jan
uary s, 1910, the undersigned COM
mittee was appointed for the pur-
n n111CiTo pnI~1 TlAint tn he
filed with the interstate commerce
commission against the increase of
freight rates in California, which
took effect about January l, 1903;
and also for the purpose of MAX
ing complaint against the unlaW-
full combination that exists between
some of the railroad and steamship
lines doing business in California.
Under the terms Cf the interstate
commerce law of the United States
the railroad commission of any
state is authorized to make COM
plant to the interstate commerce
commission against any common
carrier that attempts to collect un-
reasonable and oppressive rates;
and according to section 4ta of an
act of the California legislature
approved March 10, 1909 (Stat 1909,
page 513), your commission is "au-
thorized and directed when public
interests require to file petitions
for investigations, or complaint or
complaints, with the interstate
commerce commission, and to file
such suit or suits, in tribunals or
courts of competent jurisdiction as
are permitted under the terms of
what is known as the interstate
commerce aft complaining of any
thing done, or omitted to be done,
by common carriers subject to the
provisions of tie Interstate COM
nerce act. Said board is also
hereby authorized and instructed
to file petitions for Investigations,
or complaint, or complaints, and to
commence such suit or suits in
tribunals or courts of competent
jurisdiction, complaining of the
order, or orders, of any transcon-
tinental railroad company, or other
common carriers, either railroad or
steamship, raising freight rates, or
entering into contracts or combl-
nations to raise or maintain rates,
or to take any action that VIII pre-
vent competition to and from or
to or from California points to
noints i'm the United States outside
of California"
In addition to the foregoing pro-
visions of law, the Legislature at
its last session directly referred the
subject of the unlawful increase in
rates and the alleged illegal COM
binations between common carriers
to your honorable board for action,
That the increased transporta-
ton rates are unreasonable, unjust
and oppressive, and largely in eX-
cess of a fair and remunerative
return upon the invested capital of
the transportation companies seems
to be universally conceded, and
prompt and effective action look
ing to the restoration of reasonable
,.nrnn tinr for the I'M