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Story of the Session of the California Legislature of 1909 by Franklin Hichborn
page 150 of 366 (40%)
Chapter XIV.

Railroad Measures.

Constitutional Amendment to Clear the Way for an Effective Railroad
Regulation Bill Defeated - Rate Investigation Delayed Until Too Late for
Effectiveness - Resolution to Continue Investigation Defeated -
Reciprocal Demurrage Bill Becomes a Law - "Error" in the Full Crew Bill.



The anti-machine members of the Legislature had not proceeded far in
their efforts to pass an effective railroad regulation law, before they
became convinced that at best only a make-shift measure is possible,
until certain alleged ambiguities of those sections of the State
Constitution prescribing the powers and duties of the State Board of
Railroad Commissioners have been removed. Where, to the common sense
mind, no ambiguities exist, machine claquers and Southern Pacific
attorneys can read them into the Constitution very easily, as in the
dispute as to whether the absolute or the minimum rate is
constitutional.

Advised by the attorneys representing the shipping interests, the
anti-machine members undertook to simplify the language of the sections
in dispute, so that a wayfaring man though a Judge on the bench or a
machine legislator need not err in the construction thereof.

Early in the session, Senator Campbell had introduced a constitutional
amendment to that end. The amendment went to the Judiciary Committee on
January 14th. The majority of the committee, openly against the machine,
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