Chapters on the History of the Southern PacificDaggett, Stuart
History
Chapters on the History of the Southern Pacific
Daggett, Stuart
Pacific railroads -- History; Railroads -- California -- History; Southern Pacific Company
When the convention began its sessions, however, its membership
was found to include a majority of persons determined to force
thoroughgoing regulation upon the railroad system of the state, as
well as a minority opposed to government control of any kind. Just how
regulation should be made effective, it is true, few members of the
first-named group knew. Some were opposed to corporations as a class,
and thought that at least unlimited liability should be imposed on
holders of corporate stock. Others were in favor of declaring railroads
public highways, upon which all persons should be allowed to run cars
and locomotives under such regulations as might be prescribed by law.
Still others desired to set a maximum limit of 10 per cent to the
return on investment in railroad property. The extreme position on
the other side was taken by men like McFarland, of Sacramento, who
maintained that the clamor about railroads and corporations was a mania
evolved from the inner consciousness of members of the convention, as
spiders spin their webs.
The discussion of railroad regulation by the Constitutional Convention
of 1879 began on November 18 and ended on December 7. It was
systematically conducted, participated in by men with a wide variety
of views, and resulted in constructive conclusions of importance. More
could scarcely be asked of a deliberative assembly. The main decisions
reached were as given below.
New Regulative Commission
The first conclusion of the Constitutional Convention was that the
regulation of railroads in California should be entrusted to an
elective commission, holding office for four years, and vested with
the power to establish and publish rates, to examine the books and
records of transportation companies, and to prescribe a uniform system
of accounts. Heavy penalties, including fine and imprisonment, were
provided for failure to obey the orders the commissioners might make.
The principal objection made to the establishment of a commission
was that its power would be excessive. It was pointed out that
the commission would combine legislative, judicial, and executive
functions, and that its members could lower rates and increase railroad
expenses at will. Mr. Wilson, of San Francisco, declared:
Here, then, will stand in our government a constitutional triumvirate
as great in many respects as that of Rome in the olden time. They may
raise and lower the rates of freight and fare to suit their powers,
and thus they can play with the value of the stock in the market,
and determine the value of the bonds and mortgages on the road....
They will be sole judges of what are abuses.... They will determine
complaints on their own notions of right and wrong, and however
erroneous or malicious their acts, there will be no remedy or appeal.
Public-domain text, read in full here on John Shaqi.
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