The California Railroad Commission Has Jurisdiction over Intrastate Rates and Charges of Air Lines

Abstract

portation?' In this article the writer concluded that the Railroad Commission has no jurisdiction over air companies unless that jurisdiction is specifically provided for by the state legislature, and he further concluded that, at the present time, said Commission has no jurisdiction over air companies under any provision of law. He contends that the term transportation appearing in the constitutional grant of power to the Railroad Commission does not comprehend air companies for the reason that when said term was incorporated in the state constitution air commerce was not in existence or even imagined. With this conclusion I disagree. The California constitution grants jurisdiction to the Railroad Commission over the rates and charges of all companies and no legislation is necessary to enable the Railroad Commission to exercise that jurisdiction. Briefly, section 20 of Article XII of the state constitution provides that no company shall raise any rate of charge under any circumstances whatsoever except upon a showing before the Railroad Commission that such increase is justified. Also section 21 of that Article provides that a company, upon authorization by the Railroad Commission, may charge less for a longer than for a shorter haul and this section further provides that the Railroad Commission may order any company to make reparation to any shipper on account of excessive rates charged to such shipper. Specifically, in section 22 of said Article of the state constitution we find this provision: