Imperial Valley press., 1917-01-05
STATE RAILROAD COMMISSION
APPEALS To SUPREME COURT !
To GET LOCAL JURISDICTION
Petition Filed in Connection With Case of the Wichita
Transportation Company, Stage Company Doing
Business Between San Diego and Ell Centro-Lower
Court Originally Denied Raise in Rates to Petitioner

Iers," inadvertently went beyond the
powers conferred upon the Commission
by the State Constitution, and thus
failed to give effect to it's own care
full reasoning that the commissions
jurisdiction over the busses and trucks
can be found only in Article XII,
and is limited by the provisions Of
Section %.
The Commissions petition today re-
fers to the petition filed by the West
Iern Association Of Short Line Rail-
roads, whose request was refused by
the Railroad Commission and ap-
pealed to the Supreme Court, was
that the Commission order the Wichi-
ia Transportation Company to file
with the Commission it's rates, charges
and classifications, as required by the
public utilities act, and otherwise to
comply with the provisions of that act
as to common carriers"
The Western Association thus
asked the Supreme Court to direct
the Railroad Commission to cause the
Wichita Company, not only to file
it's rates, but otherwise to comply
with the public utilities act, as do
members of the Western Association
of Short Line Railroads." says the
commission.
The Railroad Commission points out
that the extent of the jurisdiction
thus asked for is illustrated by the
fact that under the public utilities
act, the commission has jurisdiction
with respect to railroads and other
public utilities, not only over rates
and accounts, but over rules, regula-
tions, practices, equipment, appliances,
facilities, service, additions, extern
sions, repairs, improvements, number
Of trains and cars, motive power,
frequency of service, stopping places,
construction, maintenance, operation
to promote and safeguard health and
safety, investigation of accidents, is
sues of securities, and many other de-
tails of administration.
"Under the prayer of the Western
Association, which is Incorporated by
reference in the judgment made by
this court says the Railroad COM
mission, "the Wichita Transportation
Company could not even give it's prom
issory note for over year to pay
for an auto truck unless application
had first been made to the Railroad
Commission, a public hearing held,
and the decision rendered. Nor could
the owner of jitney bus operating
as a common carrier under the cir
cumstances specified in the petition,
give his not payable more than IL
months from date to pay for his Ford
machine, unless similar proceedings
had first been taken. A similar stu
alton exists with reference to the
prayer in the petition filed with this
court by the United Railroads of San
Francisco"
The United Railroads asked the Com
mission to require the Peninsula Com
pany, which runs the passenger busses
to San Mateo, to file and publish its
rates, fares, charges and classified
tions as required by the public utili-
ties act" to secure from the Railroad
Commission a certificate of public
convenience and necessity as required
"by the public utilities act," and 9TH
erwise to comply with the provisions
"of the public utilities act"
! The petition of the Railroad Com
mission today says that the prayer
of the United Railroads is based ex'
clusively upon the public utilities act
with the exception Of it's last genera
clause, which act the Supreme Court
has decided has no bearing herein.
The Commission says that it doe:
not believe that the Supreme Codrt
/ intended to use the language contained
in the last sentence of its decision
which sentence is as follows:
"It must be and therefore is helt
, that the Constitution has granted reg
ulatory powers over such corporation
t to the railroad commission by VIRTUE
t of Section % of Article XII of thu
: Constitution, and it follows herefron
that mandate should issue to the Rail