TO E. B. BEARD

Washington, December 19, 1908

MY DEAR MR. BEARD,—I have not seen the article in the CALL, to which you refer, but have heard of it from a couple of Californians, much to my distress. Of course I appreciate that at a time of strain such as that which you shippers and business men of California are now undergoing, it is to be expected that the most conservative language will not be used. … The trouble is with the law. … It is only upon complaint that an order can be made reducing a rate, and I understand that such complaints are at present being drafted in San Francisco and will in time come before us but such matters cannot be brought to issue in a week nor heard in a day, and when I tell you that we have on hand four hundred cases, at the present time, you will appreciate how great the volume of our work is, and that you are not alone in your feeling of indignation or of distress. If you will examine the docket of the Commission, you will find that the cases of the Pacific Coast have been taken care of more promptly within the last two years than the cases in any other part of the United States. I have seen to this myself, because of the long neglect of that part of the country. …

I want to speak one direct personal word to you. You are now protesting against increased rates. I have outlined to you the only remedy

Please remember that I am not the Commissioner from California; that I am a Commissioner for the United States; and that it is not my business to fight the railroads, but to hear impartially what both sides may have to say and be as entirely fair with the railroads as with the shippers. I am flattered to know that the railroad men of the United States do not regard me as a deadhead on this Commission. My aggressiveness on behalf of the shipping public has brought upon my head much criticism, and it would be the greatest satisfaction for those who have been prosecuted for rebating or discovered in illegal practises to feel that they were able in any degree to raise in the minds of the shippers any question of my loyalty to duty.

I expect to be in California during January, for a few days, and hope that I may see you at that time. Very sincerely yours,

FRANKLIN K. LANE