Imperial Valley press., 1917-01-05

The Wichita Transportation Com
pany of San Diego, engaged in haul
ing passengers from the Coast to this
city, is one of the principals cited in
a petition presented today to the state
supreme court by the Railroad Com
mission.
The Safe Railroad Commission is
of the belief that it is entitled to
make certain restrictions regarding
rates, etc., by jintey buses, but was
recently denied that privilege by the
lower courts and consequently ap-
peals for a rehearing.
The Commission asks the court to
declare the commissions jurisdiction
is limited to rates and sytems of ac-
counts, and exists only over such
iitney buses and auto trucks as op-
crate as common carriers on regu-
lar schedules over public highways be-
tween fixed points, one Of which
points is in a municipality and the
other outside the municipality. The
commission asks that the Supreme
Court make this declaration either
after rehearing, or by modifica-
ton of it's decision of December IA,
1916.
In it's petition, the Railroad Com
mission presents it's argument under
two heads:
The extent of the Railroad Commits
sion's jurisdiction.
The subjects Of the Railroad Com
missions jurisdiction.
Under the first heading, the petit
tion says:
,"The Supreme Court in its decision
held that the Legislature has not con-
ferred upon the Railroad Commission
any power over jitney busses or
freight auto trucks. The court thus
sustained the principal contention Of
the Commission.
The Court decided that jurisdiction
over the specified transportation COM
panies was granted to the Railroad
Commission by Section % Of Article
XII of the State Constitution, which
says that the Railroad Commission
shall have power to establish rates
for the transportation Of passengers
and freight by railroads and other
transportation companies, and that
these shall not charge other compen-
sation than that established by the
commission. This section also says
that the Commission shall have power
over the records of these companies,
and may prescribe uniform system
of accounts to be kept by them.
The Railroad Commission holds that
this constitutional grant of power linn
it's the Commissions jurisdiction to
the establishment of rates and of a
uniform sysem of account. The other
powers specified in Section % refer
to procedure in connection with the
substantive powers granted. The Su-
preme Court itself in the case of Ed
son against the Southern Pacific Com
pany construed this section as giving
the Commission the jurisdiction only
over rates and counts.
The Railroad Commission says that
the Supreme Court was in error in
directing that mandate should issue te
the Commission Gin accordance with
the prayers of the petitioners"
The prayers of the petitioners were
framed on the theory that the Rail
road Commission has jurisdiction ovel
the jitney bus and auto truck compa
nies, under the public utilities act, a.
it was under this act that the West
ern Association of Short Line Rail
roa is and the United Railroads o.
Sai Francisco asked that the Com
mission regulate the transportation
business of the Wichita Transporta
ton Company and the Peninsula Com
pany. The Wichita Company operates
freight motor trucks between Sal
Diego to Ell Centre, and to interme
date points. The Peninsula Com
pany runs a system of passenger au
tomobile buses from San Francisc,
to San Mateo.
The Railroad Commission says tina
the Supreme Court, in directing tina
the mandate should issue "in accord
ance with the prayers of the petition