The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1915-07-03


of the following protest filed with
the Southern Pacific and Atkinson,
Topeka, and Santa Fe Railway Com
panies by ]. E. Sexton, general mana
ger of the Eurekn-Nevada Railway.
and also a stakeholder in the above
companies, against the further grant
ing of free transportation to the en-
ployees of the Railroad Commission
of California.
In the protest filed by Mr.. Sexton
he states that it is brought chiefly
with the intention of giving pub
licity to the offensive manner en-
ployed by the Postmaster General to
discriminate against the Eureka Ne
vada Railway and the little town of
Eureka in this State"
Mr. William Sproule, President.
Southern Pacific Co., San Francis
co, Cal.
Mr.. E. P. Ripley, President. Atchi-
son, Topeka and Santa Fe Rail-
way Co., Chicago. Ill.
Gentlemen:
AS a stakeholder of both the South
ern Pacific Company and Atchison,
Topeka and Santa Fe Railway Com
pany, / hereby protest against the
further granting of free or reduced
rates transportation to the Secretary
and all other employees of the Rail-
road Commission of California, for
the reason that you are not author
lied by the bylaws eff said corpora
tons to give away property COM
mitted to your charge.
From an investigation | have made
it would seem almost incredible to
learn that this practice has deprived
your roads of ven running into
the thousands of dollars without
making any objection whatever as
far as can be ascertained.
1t is said that there are close to
200 people employed by the Railroad
Commission and that the %transporta-
ton used would amount to more than
500, 600 per annum at regular tariff
rates.
The Railroad Commission and Util-
ity Act provides that the Railroad
Commission and its employees shall
have the right to travel free upon
the trains of all railroads in Califor-
mia. not alone to investigate COM
plants against railroads. but contro-
versies involving Investigations and
complaints against water, light and
all other kinds of public utilities,
and the Act provides further that if
the railroads do not issue the trans
portation the Commission will issue
it themselves.
This law is so clearly in contraven-
ton of the 14th amendment of the
Constitution of the United States
that it is an absurdity, and the Con-
stitution of California forbids the
use of passes by employees other
than the Commissioners personally.
wish to call your attention to Sec
ton 10 of Article XII of the Consti-
tuition of California, which reads as
follows:
Sec. 10. No railroad or other
transportation company shall grant
free passes. or passes or tickets at a
discount, to any person holding any
office of honor. trust or profit in this
State; and the acceptance of any
such pass or ticket by a member of
the Legislature, or any public officer,
other than Railroad Commissioner,
shall work forfeiture of his office.
The provision above referred to
has been in the Constitution since its
adoption in 1879. and in 1911 it was
proposed to the people in the form
of amendment to the Constitution,
page 2181, Part Two of the 1911
Statutes, that Section 19 be changed
to read as follows:
Sec. 10. No railroad or other
transportation company shall grant
free passes, or passes or tickets at a
discount, to any person holding any
office of honor. trust or profit in
this State, except to the members of
the railroad commission of this State
and officers and employees of said
commission and to peace officers. and