The California Supreme Court and the Progressive Railroad Commission, 1913-1923

Abstract

In 1910 the people of California elected Hiram Johnson governor on a Progressive platform, and the 1911 session of the legislature devoted itself to numerous reform measures. The direct primary, the initiative and the referendum all became law. The legislature also passed a bill providing for recall of public officials, including judges. A key part of the Progressive program was the formation of a new railroad commission. The Southern Pacific Railroad, vividly portrayed in Frank Norris's The Octopus, had dominated the old commission, which exercised jurisdiction only over transportation companies.1 The Progressives believed that all public utilities needed supervision by men dedicated to the public good. In pursuit of that goal, John W. Eshleman submitted three constitutional amendments and the Public Utilities Act to the legislature. The three constitutional amendments dealing with the railroad commission concerned sections 21, 22 and 23 of Article XII of the Constitution of California. The amendment to section 21 pertained to the regulation of railroads and had three major features. It restated an earlier prohibition against discrimination in charges or facilities. It prohibited railroads from charging more for a short haul than for a longer haul, and it allowed the railroad commission to compel a railroad to make reparations to a shipper who had been unfairly charged. The amendment to section 22 reorganized the railroad commission, creating a body of five members appointed by the governor and subject to recall by the legislature. In a very important provision, the amendment gave the legislature authority to grant the commission additional powers.2 The amendment to section 23 dealt with