The San Francisco Call. Newspaper, February 18, 1903, Page 10

SAN FRA 10 ']‘”l': WEDNESDAY, FEBRUARY 18, 1903. == TREOUGED IR NI ERMANENT |Kerrigan Sustains Ac- | tion of Railroad Com- pany in Rate Case. PERU BRINGS A LARGE NUMBER OF PASSENGERS FROIT PANATIA Carries These From New York Who Were Prevented by Quarantine From Coming o1 Acapulco. = Holds the Corporation Has a Right to Meet Com- petition. In making a special rate for passengers between and this city in 1898 Lo competition the Southern Pacific cting within its right in the opin- of Superior Judge Kerrigan, who yes- decided the suit for an injunction brought against the corporation by the Railroad Commissioners. The suit was breught Commissioners E. B. Edson, Fresn myet gs te C. 8. Laumeister and N. Blacklock, who ssked the court to restrain the company it | from selling tickets to passengers from | Fresno to San Francisco for $ % on the | ' ground that having once reduced the fare | ' t0 $375 the company should be compelled to continue selling tickets at the lower | They based their contention on of the-State constitution that which provides that “whenever a railroad section corporation shall, for the purpose of com- peting with another common carrier, low- for transportation of passen- er its rate gors or freight from one point to another such reduced rates shall not be again | raised or increased from such standard without the consent of the governmental authority in whic shall be vested the power to regulate fares and rates.” CASE TRIED BEFORE. This is the second time the case has been ided. IL was first tried before Judge who gave a decision in favor of mmissioners. The railroad ap- pealed to the Supreme. Court, which re- versed Bahrs and sent the case back for The suit was heard by Ker- in several months ago, the opinion vesterday being the outcome. Kerrigan holds that the reduced rate was established to meet competition and sold the old rate was maintained, passen- gers having the privilege of traveling at cither rate Judge Kerrigan's follows opinion in part is as ey . During the vear 189G operations were com- s Shipping Intelligence. ed in this State construction of ARRIVED. iroad by organized under _l D e ame of th isco and San Joaquin i 4 ; Rallroad ¢ commonly referred g 3 f s i1 hours from S | to as the ; This | lefendant’s road be- ¥ tween By arrangeme | | that the tickets sold at the lower figure vere fal limited tickets.” The selling | of these, he holds, was not a permanent reduction, as during the time they were n. via y with certain steamship companies running be- < v ween San Francisco and Stockton the Valley | e He N id made a first-class passenger rate from . Stme N T San Francisco by way of Stockton is Zpse £ 75. Prior to the time the Valley Road mmenced to T4 it line from Fresn Kkton _the as a first 1 line b neisco $5 90. The - 0 Southers any met the first-class - $3 75 rate put in operatio; b the Valley k EAL BREAKS SAl S & R 1 bet Fresno and I“mn:X\(n by = RECORI TWEEN P1 t ¢ a special limited ticket for $3 75, meeting at & SOUND AND DELAGOA p C all intermediate points the rates put in force | » » Pederse L . | by the Valley Road. ! . ’ i SOLD SPECIAL TICKET. | S: San Francisco from that place, Hanford, Vi-| SAILED. salia and Intermediate points, all, of course, | Ken ; 17. | by the way of Stockton, at a rate correspond. £ ug to the Fresno rate? This rate was im- . l diately met all points by the Southern 1 Lim ific fted ticket Com any, ose special limited rates remaincd with its spect toria P . Santa Cr 1% | force until March 22, 1900, when the special White Donaidson, Cocs Bay. d ticket was withdrawn, F 2 special limited ticket was good only on . T the date sule, allowed no stop-over priv- = - Faii s | ileges. was unas<ignable and limited tlie com- . B llapa Harb pany’s liability for loss of baggage to $LO0. . € all the times in auestion here the Southern % I+ ship Leon | Pacific Company kept on sale a ticket from > Queenstob Sbip 108 | 1 egno to San Francisco at the.$5 90 rate, Arizonan a Success oy By hip Earl of | which was good f x months, allowed stoj S & or Yeonao o over privileges, e which ticket it termed S andard ticket. GRAPHIC section 20, article XII, of the r Feb 17, 10 p m—Weather | rnfa, applicable’ to the - s e e And when- s O it P pration ehall, for the pur- epee - ¥ | pose of competing with another common car- ; Time Ball. BOS—Passed Feb 17, 4 p m—Stmr | rier, 1 its rates for transportation of pas- . . graphic Office, U, . N.. Mer- | r. from Port Madison, for Re- | sengers or freight from one point to another, San " Frantisco, /Cal Despateh, from Portland, for San | such reduced rates shall not be again raised b or increased from such standard without the big ; the t S’ the Fe Lucy, for nt of the governmental authority In which - 7 e : San Pedro. be vested the power to regulate fares b at Han, or at & North Fork, | and freights.” The mere statement of the tow | facts disposes of the first question in the case, J Stmr Coos | name! was £ 5 rate established by eutenant, U. . hence Feb | the Southern Paclfic Company for the purpose v - 15; stmr of competition? It shows plainly that it was I rro, from | established by the Southern Pacific Company gt Movements of Steamers. Safled F | for such purpose % ‘ E - arro, for San Frar | Co. arel e rro. for S | OLD RATE MAINTAINED. from 1 The next question is, was there “‘a lower- ing of the rate”” within the meaning of section Feb 14 Steamer. ) k 4 3 atia e DS » n Feb 17 Toxteth, from | 20 article XII of the constitution of Califor- ks s or Port Townsend. ' |nia? It is contended on behalf of the plaint- Ch in Sail C BARBARA—Arrived Feb 17—U S| iffs that the special limited ticket was a mere hange in Sailing Hour. cCulloch, from Monterer subterfuge, a doing indirectly of a thing that . e Salled Feb 15—Schrs Lucy and | cculd not be done directly; that to counten- %4 e for San Ped 2 ance this plain evasion of the law would result n - el Sall I ttag® | in nullifying the constitutional provisfon. It - 9 o Point Arer agway. : i | is urged by the railroad company, on the other o New | Sants B I GAMBLE — Sailed Feb 17—Schr | hand, that there is a substantial difference be- « @ for San F acisco. | tween the unlimited ticket and the limited pd B San Pe ISLAND PORTS. | ticket; that there was no lowering of the rate, The Overdue List. B ¥ g _ £ A g | because the $5 90 unitmited ticket was alway 'y ’ rek Humbol KAHULUI—Arrived Feb 17—Bark Amy Tur- | yaintained, and that the $ 70 rate gave a Totmes.......| Hamburg & Way Ports ner. from Hilo; stmr Nevadan, from Honolulu. | 4yfverent service for a different price; thai tho it el p HILO—Ayrived Feb 17—Bark St Katherine, | oniy possible way to lower a rate 1s o charge sht ship | Puget Souna Poris hemoe Jan 28 o less for the same service. - ra ¥ | Por HONOLULU—Salled Feb 17—Bark John Pal Nipe < Machor mer, for Port Townsend; Br stmr Miowera, for | INFERIOR SERVICE. ¢ S tcorir 5 Vancouver. Humboldt SR e, » | If the rallroad company had pit on flat cars, h Seattle & Tacoma . Arrive 17—Bark Kalulani, hence Feb 2. ‘ with rough boards for seats, and brought pas- ' £ S D & Woas S EASTERN PORT. | sengers from Fresno to San Francsico for a Ortita Newport & Way Ports NEW YORK—Arrived Feb i7—Stme Alli- | faro of §1'and had operated such rate and i Point Arena & Alblon anca, from Colon. service fof competitive purposes, 7ill Sai -Day. lulu s JREIGN PORTS. | subsequently abolished the service; and will 1 To-Day. B . i i L S |1t during all the tims the SP e stean = will leave via Panama DCMIAD pATR Jeb £ ph Fom, f"""‘] rate was in effect the unlimited ticket for H » the ba Ba d_Ports atied P P $5 90 was for sale, then it would be plain that il Way Ports.|Mar o 68 B-Tiack ew N, o Pert A S fuluier ievion Bk heos eatabiished tor a y eng work . special - - oA BATBAi 5—Bar ra. | Jess price, and there would be a substantia - o Mty - ) SAIL. b S RAOABAY A dan 4b R Ealuns, | difterence ‘between the two services. In such the king w 2 e A R ONOBEET - Padeed b case the constitutional provision in question a1 s =5 Destination. 1 Salis.] Pler. | narie botm Portians, for Honghong. ™" | would not be violated by abolishing the in- == S S | TiA-“Artived Feb 16-Br stme jhdra- | ferior service and the cheaper rate. Of course, ey . ebruary | J | N York. | the hypothetical cases stated are easier of so- Captain Atkinson Resigns. Ertor 2 pmlP; 2| bl ° | lution than the one at bar. by s ol sy vy farhor b prlPier 2 | ILLES -Arrived Feb 14—Br stmr | lutio - " - the Dritisk Cotn 10 am/Pier 13 | Queen Alexandra, from Manlla. | MEETS COMPETITION. wonegoar < Humi 2 13 amlbier 18 | g O UADE gy Dauntless, | 11 o over, as already stated, it is my opin- ng = “ b umk » am Pier 13 | gor Grays Harbor ever, as already ' -~ : . Humboldt 1:30 p Pier 11 | "5 AN PLAS . Salled Feb 16—Ger stmr Tot- | lon that the railroad company altered its arg t < ooy i 54 [l B | mes, from Hamburg, for San Francisco direct e e s the - ‘ebruary ¥ om Tac = % “77 | hibits the subsequent increase of rates low- i . 5 trom Tacomna Will Take Salt to Orient. Harbor ....| 5 pm|Pler Yaled Jan 25—Ger bark Ninfa, for Port Los | ered for the purpose of competition. The $5 80 Britieh ship Dre e Bacti] t Supae Safled Jan 1 e i ers sl whOs the #5 T8 tnts a ngeles Ports.| 4 pm|Pler \TOFOGASTA—Safled Jan 16—Gi ed and/the tickets sold: 5 . s jerr: Svdney & Way Pte(10 amiBPier 7 | Admiia) Teimiont, for vancguver, ot P8 | Ciitled the passenger to o substantially dif- — o Biv | FL Arens & Albion| pealicr HAMBURG_In port Jan 20—Ger bark Nau- | ferent servics, for the rafuoed B o230 n Riv 1 & Albion| 6 pm|Ple rehos, for =toria. e - r Wock, where the + Grays Harbor 4 pm| Pier S Railed Feb 1—Ger. ehip U: San | for aifferent standards of service shall not be Seattlo & Whatcom| 5 pm|Pler atled Teb 1—Ger ehlp Urandis, for San | 0o 0 ehed tor competiiive purposes, It may February 20. NEWS OF THE OCEAN. be conceded that the question is close and de- Arrived Feb 186—Br stmr Richmond ’i‘i"" Sound Px ey 11 am|Pier 19 | Castle, from New York | batable, but whatever dnu:)l ey be{mllherutun.L 5 2 ebruary 21, « NAL- i - | ed becomes unimportant in view of the fac Matters of Interest to Mariners and .. Grays Harbor 14 pmipier 2 A A e D A | e cuimion s ixaa with - ioNistos: on, Shipping Merchants. < v 50 p Pler 11 | “CORINTO—Arrived Jan 27—Ger stmr Tot- | the main question in the case, namely, the Point® Arena ....| 4 pm|Pier 2 | mes, from Hamburg, for £an Francisco, constitutional question. = & s Augeles Forte| 4 pm Pler 16 | ™ XKTWERP-In port Jan 31—Fr ship Made- | The section in the case at bar prescribes a ‘\."";.‘ & Japan L pm|PMSS | jaine, for Port Townsend: Fr ship Berangere, | penaity for one class of mnro_-[ | pr “\7t s mn Acapuico. .. X. ¥ via Panai mPMSS | for Port Los Angeles; Fr ship Andre Theo.)not for others under like clrcumstances ARZORAD- - e rmary 2. | (LT 20 | dore, for Fort Los Angeles: Br ahip Vanduara, | forhids 8, CorRc Q) Deemits ' natural porasn L 3 for Ean Diego. o, th k Goos Bay...-|San Pedto & Way_| 0 am(Pier 11 | "ROTTERDAM—In port Jan 25—Br snip |operating a raiiroad fo do. Such lesisiation ie umbia. . | Astoria & Portland|11 am|Pier 24 | Buteshire g discriminative, It should apply allke to all {Humbolat - oa-|15 AmIBer 2 { NATIVIDAD_Saiied Jan 18—Schr Gen Ban- | Who canduct faliroed business, mhether orpon " eattle Ac a..110 amiPler 2 | ning. Francisco, ral v 3 . Merchandise for British Columbia. | Sau Dicgo & Way.| 9 am/Pier 11 | " 'NGINIESS . Dassed Feb 14—Br shiy | and deprives railroad corporations of the equai . Eenator, which salled on SuB- | g pears. .| ECREEETY 24 | i from Shieids, for San Francisco. Protection of the laws. réc consigned to ike principal Brit- | A Coos Bay-Pt 4 pm|Pier ITAL, Sailed Jan 20—Br stmr Wy-- | To avoid the force and logic of these de- . ts. valued at $10,669, ar Februn m Antwerp, for San Francisco, | cisions, T am urged to hold that the word *“cor- 19,950 1bs i Pier section 20 of article XIT means poration” in SAID—Arrived Feb 16 Br stmr London, for Vancouver. 5 fresh L 2 | Arrived Feb 15— Br ship | @ tiriiriirsivsise - @ M ez s G. W, Eld Portland|11 am|Pier 21 1 Tacoma. & grocerics 10873 1 February 28, Arrived Jan 30—Ger ship Rene | Marguerite Mirabaud, hence Aug 23, via Fal- 2 med 96 bs o am: H ulu 2 pm|Pier i Rickmers, Nagasaki. mouth, for X = 200 read, 764 Ibs prov o er N Y + Panamal12 m|PMSS VAL )—Arrived Jan 20—Br ship Ar- | KINSALE—Passed Feb 17—Fr bark St Do- . anned goods, 620 gals 12 4. Dol . |10 am|Pier . from Newcastle, Aus. Jan 81—Br bark | natien, hence Oct 23, for Queenstown. wine, 7 2 flasks quicksilver, 100 tins | 2- -0k - l......|Pler — | Bagie Crag, from Newcastle, Aus. Feb 1—Br OCEAN STEAMERS. v hes, 13 pkg ves and fixtures, 13 y bark Dovenby, from Newcastle, Aus. QUEENSTOWN-—Arrived Feb 17—Stmr Oce- Jeather 38 ba e 31 phes Alectcin LYOROUAMASailed Feb 15—Br stmr Pak | anic. for Liverpool, and proceeded. is P bdis sash weigh Ling, for Tacom: GENOA—&alled Feb 17—Stmr Liguris, for 3 t o gl oy | "HONGKONG—Sailed Feb 17—Jap stmr | New York. s e G pkgs dry gocds < = = | Maru, for San Franclsco. LIVERPOOL—Arrved ¥eb 17—Stmr Sax- e e ALED.... & Vay Ports.|ien. 20 | NI2Y - Arrived prior 1o Feb 17—Fr bark | onta, from New York. AN CORRITRERE L , henc e 20, LONDON—Arrived Feb 17—Stmr Minneha- Sun, Moon and Tids. Karallon. .. - % Skagway & Way' Ports. [Feb. 22 | PIRIE—Arrived prior to Feb 17—Br | ha, from New York. S . s A e I Skagway & Way Ports { ereign, from Port Blakeley. TIZARD—Passed Feb 17—Stmr Amsterdam, 7 Heh of High and Low | Valencin..... | VAIder oo errrsi nled Feb 14—Ship Hawailaa | from New York, for Rotterdam. Waics et Feri Pelpt, cotrance to San | Santa Ana....| Valdez direct . -+ NEW YORK-—Arr| land. from ABniwerp, | WOULD AMEND GENERAL L B'nai B'rith Proposes to Admit Members of Defunct Lodges. —_— Grand Lodge Will Install Officers To-Day and Then Adjourn. ANOTHER “SARO | ISUNDAY CA | At the third session of the Distrt Grand Lodge of the Independ « . B'nai B'rith ay an amendn the general laws 2 © a defunct attach was an tions, laws. It was decided Orator H. M. ceedings The committee could not now ter H. Wasc first vice Montifiore Benjamin Ha 1 Max Platsh f Miriam M Hirsht Maurice J. LEO PARK BANQUETED BY FORMER ASSOCIATES Friends Present Ex-Secretary of the Board of Public Works With Silver Service. with Mr ful silv esteem in wi Park made of the Bur the Invitat plate, the also presented to Park £t . wh master Michael Cas Publi For Commisst Ohnimus ant_City Morser amin Heath, s; John P. ¥ Frank A. O. M. T Irwin and EI ore ( effing 1. Sor were sung by P. H. Edminster, T. Crowley, W. C. Ke A. Fraser Be e and E. don. The f wing named were & the guests prese f Works , Owen McHu . McGinn, BACK NUMBERS OF THE SUNDAY CALL Containing pictures, will be for- warded to any address in the United States, Canada, Mexico, Phidppines, Hawaii and Guam upon receipt of 5 cents per copy. PLUNDER OF BOYS MADE PROFITABLE BY JUNKMAN ht, 1903, rony, New York City, “THE CALIPH’S DAUGHTER.” s A Police Judge Mtggax; Issues Subpena for Him to Explain in L Court. orge Whiting, James Greinness and e ne e = oo s “dward McDermott, boys, arrested M i . e ay night by Detective Lewin of ths also “persons” and “railway common carriers” | His father called upon Chief Wittman and | %2 7 g il Camsden = generally. ’ Under the decision, and in view of | told the Chief that he would be responsi- Southern lxn. c Company and § the language of the article itself, T cannot o | 1o for 1] the checks his son had passed. | Policeman Hennessey on a charge of hold, The word “person” undoubiedly includes | /v TOF 5 = 3 son had passed. N e s | “corporation,” but it would be a most unwar- | He had p sout forty checks for |ty lare ere ) I ranted perversion of language to say that the | small amounts Judige Moga® yesterdny. The, boy | less includes the greater, am\mm,u "«nrl"lv;u‘ oS AT S s wagon which they sald the 1 | tion,” & word of limited significance, ¢an be & " P s S Nfth : . | held to"include & natural person. And finally, iwomr.ns CHRISTIAN UNION |frem Ben Cohen. the very definition of the word ‘“‘corporation streets, and in the as glven by the constitution itself and herein- | HOLDS MEMORIAL SERVICE foyng a hammer had be after quoted, absolutely forbids the comstruc- . Sious Waaris = e tion contended for. = g & | Members Tell of the Work Performed | ;.3 14 atre »ys dec The entire article of the constitution on the | g 3 2 . s ; subject of railroads and their regulation, with | by Miss Frances Willard, the | that the hammer was in the wag one single exception, embraces in terms all | Organizer. they hired it Tallroad corporations ‘and other common carri- | < . g R ettes Tiontt tili-the Jullns T “ra. “Tha single and conspicuous exception 15 | The Central Women's Christian Tem- | Detective Lewin told found in the, provision in question. And even n | perance Union held a memorial service A S20% o3 . pat of that sectlon :V\»l.g‘..l\x;:! arrl"flrir":‘lhlll“m‘l; vesterday at the First Christian Chure :'ams and 1::»‘ o sy Shing other common carrier * ¢ And whenever a | o1 'TWE ,'E"”“"‘",'.f‘!‘“"[‘ treets to com- | wguion - 4 junk dealer on . Taflroad corporation shall. for -the purpose of | Memorate the fifth anniversary of the | SWRG & JU00 UG0S Aare competingwith any other common carrier, | death of Miss Frances E. Willard, who L°aT Bryant. [Who Judge iseued . Jower its rate’” etc. Again. the article Itself, | was the.national president of the unfon. | f0F “SWRO% 02 BC U Ager Sorac- g - in section 4, nes the word ‘‘corporation.” It iss Willard passed away on February | and another for Cohen, and allowed tk says: ‘“The term ‘corporations’ as used in this ‘i‘.“’ ide- "rl' ]”7“‘ P oA ebruary | i, e hoys to g0 home with their moth- article shall be construed to include all associa- {17, 898, and this is the fifth memorial | (o "1 10" hromised to have them in court | tions and joint stoek companies having apy of | service held in honor of her memory ek the powers or privileges of corporations not | The nature of the services yesterday morning. possessed by individuals or partnerships. consisted of a thanksgiving offering in WRIT IS DENIED. the form of a voluntary econtribution. ADVERTISEMENTS. If the framers of that section intended that | Which will be used for organization pur- | —~— — persons as well as corporations operating rail- | po: v, sending workers into new roads should not reduce rates for the purpose | faje | of competition and raise them again without | = ar ' o O Ev it ! the consent of the Rallroad Commissioners, | Mrs. S. B. McCoy, president of the they should Lave said so. To have this section | ceniral union, made a brief address teil accomplish the end desired and apply to per- | ing of what had been accomplished since Eons as well as to corporations, the lawmaking Dower and mot the courts must be addressed: | Loc death of Miss Willard and what she r N et s were | "Myfatherhad been a sufferer from sick headachs It this section were beneficent in. its nature, iz | 414 during her life. Recitations wer - adach, it conferred a right, then a Nberal construc. | Biven by Miss T. Z. Henry and Mrs. | %% the lash twenty-five years and never found a tion would be required. However, what might | Frank Pierce and Mrs. J. Shank and Miss | foet Gosl he began taking your Cascarets. Since be done under such circumstances is not now in [.C. . Weir of St. John's Church Sang | she heciicre s Cascarets he has never had auestion. This provision exacts a penaity, and, [\ = s ., SANE | the headache. They have entirsly cured him. under the law, a strict construction is d ‘Blest Be the Tie That Binds" and | Cascarets do what you recommend them & do. I manded. “Abjde With Me.” Mrs. Dr. Day gave an | will give you tho privilege of using his name.” Tested by the principles laid down by the cases referred to, and there are many others to which reference might be made, section 20 of article XII of the constitution of the State of address founded on her recollections of | E-M.Dickson, 1120 ResinerSt., W.Indiasapolis, [nde Miss Willard and the services ended with | | the singing of . Miss Willard's favorite | hymns and short addresses by the vari- | i t | | California cannot sustained. The writ | 3 prayed for is denied. ous members of the union. —_— prasi e e PN Do You Want a Trunk At a moderate price? One that looks good and is good, or a dress suit case, valise or traveling set? We have them all in best materfal and lowest prices. Sn.n- born, Vail & Co.. 741 Market st. s Bl ey oty Stevens Released From Custody. Harry G. Stevens business manager of the Herald, who was arrested in a Pine- street restaurant for passing a worthle: Held for Robbery. Bruno Landewski and Thomas Larkin were held to answer before the Superior Court by Police Judge Cabaniss yestgr- day afterndon on a charge of robbery, Landewski In $3000 bonds and Larkin in | $2000. They are accused of having robbed C. Saito, a Japanese, at Jackson and Hyde | streets on the night of February 7 and | when arrested by Policemen Connor and | Pleasant, ¥ Never Sicken, Weaken or Gripe. X sold in buik. The genuine tablet stamped CCC. Guaranteed to cure or your money back. ved Feb 17—Stmr Vader- L Larkin the gold watch taken from the | Japanese was found in Landewski's pos. session. Sterling Remedy Co., Chicago or N.Y. 508 | ANNUAL SALE, TEN MILLION BOXES check by Detective Taylor Monday, was released from custody yesterday morning. ~