Annual Report of the Board of Railroad Commissioners of the State of California
Annual Report of the Board of Railroad Commissioners of the State of California
Board of Railroad Commissioners of the State of California
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D. LOVELAND. THEODORE SUMMERLANI). Attest : / W. D. WAGNER, Secretary. 'Before the Board of Railroad Commissioners of the State of California. In the Matter of Alleged Discriminations by the Southern ) Pacific Company Between Shippers of the State of Cali- >• No. 102. FORNiA IN Freight Rates and Transportation Facilities. ) Submitted August 15, 1908. Decided January 12, 1909. 1. Section 21 of Article XII of the Constitution of California is a constitutional declaration and prohibition against d...iscrimination in charges or facilities for transportation by railroad or other transportation companies, but no provision is made by the Constitution for penalties in respect to such discrimination, it being provided in Section 24 of the same article that the Legislature shall pass all laws necessary for the enforcement of the provisions of such article. Pen- alties are prescribed by Section 22 of Article XII of the Constitution, limited to those cases where transportation companies have failed in their duty to move traffic in conformity with such rates as may be established by the Railroad Com- mission, or have charged rates in excess thereof.
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