Story of the Session of the California Legislature of 1909Hichborn, Franklin
History
Story of the Session of the California Legislature of 1909
Hichborn, Franklin
California -- Politics and government
[63] Senator Caminetti on February 12 introduced a concurrent resolution
calling for the removal of the present Board of Railroad Commissioners
from office. The Committee on Corporations reported adversely, and on
March 15th the resolution was finally rejected.
Chapter XIII.
Machine Defeats the Stetson Bill.
Southern Pacific Attorney Succeeds in Clouding the Issue - Railroad
Claquers Active in Advocating the Maximum Rate, Which Was Designated as
Little Better Than No Rate At All - No Fight Over the Bill in the
Assembly.
Having succeeded in transferring the railroad regulation measures from
the Senate Judiciary Committee, the majority of whose members were
anti-machine, to the Committee on Corporations, the majority of whose
members were machine, the machine proceeded to discredit the Stetson
bill, by making it appear that the State Constitution by implication
prohibits the fixing of absolute railroad rates, and provides that the
Railroad Commissioners may fix maximum rates only. Peter F. Dunne was
brought to Sacramento to make this argument before the Senate Committee
on Corporations.
Dunne, in his address, showed greater ability than integrity. When he
had finished, even the anti-machine members of the Committee were
completely befuddled. Walker, one of the members of the Committee who is
not a lawyer, groped in utter darkness thereafter, until he finally
stumbled into the arms of Eddie Wolfe and Frank Leavitt and Jere Burke,
when the final vote on the railroad bills was taken. It was Walker's
only stumble of the session. But for his unfortunate vote against the
Stetson bill and for the Wright bill, Walker would have made an
exceptionally clean record.
Not only did Dunne befog the lay Senators of the Committee, he shook the
faith of men like Miller and Roseberry - both lawyers - on the
constitutionality of the absolute rate. Miller recognizes that the
absolute rate is the only practical rate; but until the end of the
session he was not prepared to say that it could be constitutionally
established. Dunne certainly did a good job. To be sure, his address was
a mass of misrepresentations, but of misrepresentations cunningly put.
He shattered the implicit faith of the anti-machine Senators in the
absolute rate. And that was what he had been sent to Sacramento to do.
The evil that Dunne did lived long after he had left the capital.
Curiously enough, neither the term "absolute rate" nor "maximum rate"
appears in the State Constitution.
Article XII, Section 22, of the Constitution, provides that the Railroad
Commissioners "shall have the power and it shall be their duty to
establish rates of charges for the transportation of passengers and
freight by railroad or other transportation companies."
Public-domain text, read in full here on John Shaqi.
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