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
To determine whether existing rates are reasonable or unreasonable.
To ascertain, fix and establish a reasonable schedule of freight rates,
and to enforce the same.
To determine whether or not any existing rate is discriminatory.
And to prevent further discrimination between persons or places.
The resolution carried an appropriation of $25,000 to ensure competent
legal and expert assistance.
The resolution was introduced on February 4. It went first to the
Committee on Federal Relations, then to the Judiciary Committee, then to
the Committee on Finance, from which it emerged March 1 with the
recommendation that it be adopted. On March 2 it was sent back to the
Committee on Finance and was never heard from again. The enormous
benefit to the State if such an investigation could be honestly and
effectively carried on, will be recognized.
[70] The vote was as follows:
For the resolution: Bell, Birdsall, Boynton, Burnett, Caminetti, Cutten,
Estudillo, Holohan, Roseberry, Rush, Sanford, Thompson - 12.
Against the resolution: Anthony, Bates, Bills, Finn, Hartman, Hurd,
Kennedy, Leavitt, Lewis, Martinelli, Reily, Savage, Weed, Willis, Wolfe,
Wright - 16.
[71] E. F. Mitchell, Executive Secretary to Governor Gillett, makes the
following statement regarding this particular error:
The electric companies which run interurban trains, also claimed that
the bill, as prepared, applied to them, and would place upon them an
unnecessary burden and expense.
"There is no doubt that section three of the act applies to motor cars
and electric cars. The language is very plain. Section one of the bill
describes passenger trains, section two refers to freight trains, and
section three says "all other trains not propelled by steam
locomotives." Now, there are only two classes of cars that are not
propelled by steam locomotives, and those are motor and electric cars.
In the Governor's opinion, an error was made in endeavoring to amend it,
so it would not apply to motor cars and electric cars. The amendment was
prepared, and we had here in the office, during the argument on the
bill, the original committee amendments proposed. The amendment was to
be made after the word "train" on the second line and had this amendment
been made as contemplated, it would have excluded motor cars and
electric cars, but instead of having been made on line two, as expected,
it was carried into line three, where it gave the bill an entirely
different meaning, It was one of those unfortunate things that crept
into legislation through an oversight of somebody, which could have been
readily corrected if the bill had been watched. The insertion of this
amendment in the wrong place, instead of excluding motor cars and
electric cars, as intended, included them. This error was not discovered
until the bill came up before the Governor for consideration."
Chapter XV.
Defeat of the Commonwealth Club Bills.
Public-domain text, read in full here on John Shaqi.
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