Deming graphic. (Deming, N.M.) 1903-1948, 1914-10-16

plant, 1t shirksd the duty solsmnly
imposed upon il by the constitution.
and branded itself a slothful or an
incompetent servant Of the people, or
both.
Again, a citizen complains that an
electric power company 10 enforcing
an extortionste rate, and you would
suppose that the commission would
jump at the opportunity Of looking
into the matter. Not 80, the COM
mission orders no hearing, canses
no investigation, institutes no pro-
ceedings, but instead, meekly asks
the attorney general IL he thinks the
commission has jurisdiction over an
electric power company. The attor-
ney general replies that the language
Of the constitution leads him TO be-
lieve that the commission hasn't jur-
isdiction over the case. This reply
is transmitted to the complainant,
and the commission vainly imagines
that il is safe from hostile criticism
because, ostrich-like, it has buried
its head in the sand. What kind Of
commission is II that raises the aues-
ton Of its own jurisdictionf Instead
Of trying to amplify and extend its
powers and render some real service
to the people who employed them and
pay their salaries. these commission
ers duck and dodge and shirk, and
when finally pushed into fight, they
surrender before a shot il fired.
In this case the attorney general
offered the opinion that an electric
power company engaged in selling
and distributing electric power was
not a transmission company" and
therefore did not come under the con-
stitutional provision which placed the
transmission companies" under the
control Of the commission. The COM
mission accepted the opinion Of the
attorney general as il il were sacred
and infallible, thereby comforting up
on that office the power Of inter-
preting the constitution so far as the
commission is concerned. II is not
at all unlikely that the commission
could have gotten ruling from the
supreme court chasing an electric
transmission company rs trans
mission company, in which case II
would have had the authority to rem
edy the complaint, IL the complaint
had merit. But no, the commission
was apparently relieved to be able
to hide behind the attorney general
in this matter, as 1t was glad in the
previous case to crawl in behind the
Interstate Commerce Commission.
But aside from the merit Of the
contention as to whether or not an
electric transmission company ia a
transmission company, the treatment
Of this complainant again illustrates
the gross incompetence Of the CON-
mission, II exposes a trucking weak
ness that always concentrates its
thoughts upon a place to hide instead
Of upon a vantage point for attack.
What would be the present status Of
the great Interstate Commerce Com
mission Of the United States today
il from the beginning II had adopted
the policy Of retreating to cover up
on the faintest show Of resistance,
instead Of advancing, as it has done,
boldly to the attack Power gravi-
tates to men and bodies Of men who
use il. The lion, not the ostrich, is
the master Of the desert.
To list here the specific instances
Of the present commissions incom-
petence would be to republish in this
statement the two massive and idle
volumes entitled, respectively, the
"First Annual Report Of the Corpor-
alton Commission Of New Mexico,
1912" and "Second Annual Report
of the Corporation Commission OF
New Mexico, 1913" have no in
tention Of doing it, but ] do mark
them respectively, exhibit A" and
Exhibit B." and incorporate them as
part Of this indictment. ! can
scarcely refrain, however, from citing
here one more case from the CON-
missions report, case about which
there has been more than the usual
amount Of brag and buster. 1t is
formal complaint No. 4, and concerns
the issuance and acceptance by rail-
roads in New Mexico Of scrip and
coupon books. After various post
ponements, the hearing was finally
had. The commission shows for the
first time the evidence Of little
nerve, for the order entered actually
tended to reduce passenger rates or
certain roads and prescribed GER
tain character Of book disliked BY
the railroad companies, which wal
to become effective about thres
months after the order was made
Six days before it was to become ef'
-.k~1