Springfield in Missouri, by the way of Canadian river, Albuquerque and Agua Fria, to the head-waters of the Colorado Chiquito; from there as nearly as practicable along the thirty-fifth parallel of latitude to the Colorado river, and thence to the Pacific. It was granted a right of way for one hundred feet on each side of its line, together with necessary station, depot, side-track and shop grounds and the right to take stone, timber and earth for construction within its right of way. It was also given every alternate odd section of public land along its line for forty miles on each side in the territories, and for twenty miles on each side in the states, with a right to select lieu lands in case the lands along the line could not be taken. There was no money to be given or bonds to be secured; there had to be one million dollars of stock subscribed and ten per cent paid in within two years, and the work of construction was to commence within the same period; advance thereafter not less than fifty miles each year, and be completed on or before July 4, 1878. At the same time, the act recognized the existence of the Southern Pacific Railroad Company of California and provided that it might connect with the Atlantic and Pacific line near the boundary line of California and that it should have similar grants of lands and be subject to like conditions. The time of commencement of construction was subsequently specially lengthened in favor of the California company. Afterwards on March 3, 1871, congress passed another act organizing and incorporating the Texas Pacific Railroad Company, which was designed to run from Marshall, Harrison county, Texas, to El Paso; thence through New Mexico and Arizona by the most direct and eligible route to the Colorado river at or near the southeastern corner of California, and thence to San Diego. It gave a right of way for two hundred feet on each side of the line and the same kind of land grant which had been given to the Atlantic and Pacific. In addition, it was given special authority to issue construction and land bonds, and was required to be completed in five years. And, as in the former case, the Southern Pacific Railroad Company of California was authorized to connect with it from Tehachapi."

U. S. Stats. 1865-6, 292–299. 2U. S. Stats. 1870-1, 573-579.

Notwithstanding the want of the magnificent subsidy given to the Central Pacific Railroad Company, the Southern Pacific Railroad Company proceeded to build its line from Lathrop southward through Fresno, Tehachapi and Mojave to Los Angeles, and thence southeastward towards Fort Yuma on the Colorado river. On this line, the Sierra Nevada had to be passed at Tehachapi and a tunnel considerably over a mile in length constructed through the San Fernando mountains, both involving great outlay and skill; but both were carried through with success. On September 5, 1876, the line was completed between Lathrop and Indian Wells on the border of the Colorado desert, a distance of about five hundred and eighteen miles-connecting Los Angeles, which was three hundred and eighty-eight miles south of Lathrop, with San Francisco and the Central Pacific system. The junction was formed and celebrated with a spike of San Gabriel gold, driven by an orange-handled silver hammer in the hands of Charles Crocker in presence of a large and enthusiastic crowd, at Lang's station in Soledad Cañon near the eastern end of the San Fernando tunnel. In six months more the line was extended from Indian Wells across the desert to Fort Yuma on the Colorado river; and subsequently it was carried across the continent connecting with various lines as it approached the east. And it may here be added, that afterwards another line was built by the same company from Mojave to the Needles on the Colorado river, being a portion of the line provided for in the act organizing the Atlantic and Pacific Company; and in the other direction, a line was pushed up to the northern boundary of the state, which connected with an Oregon line and formed connections with northern transcontinental roads.

In the meanwhile the Southern Pacific Railroad Company, which was composed of the same members as the Central Pacific Railroad Company, adopted much the same plan of absorbing all the small lines coming or likely to come in competition with it, as had been the policy and practice of the other company. Regarded as one great institution, under whatever name it might be called-and it finally came to carry on its business chiefly under the name of the "Southern Pacific Company," a Kentucky corporation organized under a special act of that state

in 1884-it was growing to immense proportions and in the very nature of things exercising wide-spread influence in almost every direction. In the conduct of its business, its managers looked out for their own interests; and as these interests, at least in the light in which they regarded them, often conflicted with those of others; and particularly as it began to be understood what immense fortunes had been made out of the bonds and lands, which the government had lavishly thrown into their laps, much ill-will was excited; and the railroad and its directors became exceedingly unpopular, as has been seen manifested by the numerous attacks upon it and them from year to year in the legislature as well as in almost limitless newspaper articles and public harangues. It was this hostile feeling, increased and intensified by charges against the railroad managers of interfering in politics, corrupting legislators and judges and monopolizing and tyrannizing over all branches of business and affairs in general, that led to the legislative efforts to regulate freights and fares, the appointment of commissioners of transportation, and finally to the organization of the railroad commissioners by the new constitution, already referred to. As one of such railroad commissioners, Stoneman almost from the start assumed a position of antagonism to the other two, Joseph S. Cone and Charles J. Beerstecher, who were supposed, and apparently with reason, to manifest a decided leaning towards the railroad side. At any rate, little or nothing of importance in the way of regulating freights and fares, and nothing to the satisfaction of the community in general, was accomplished; while at the same time every disagreement—particularly when there was a quarrel and the minority of one was effectually run over by the majority of two-served to raise Stoneman in public estimation. It seemed to make no difference that he manifested no skill in the fight-and, whatever his excellence on the battle-field, he was not a success in the combat in which he was now engaged. All that the public required, however, was that he should stand up as an opponent of the railroad; and, as he did so with great persistence and without ever for a moment harboring a thought of surrender, he became a sort of popular hero; and the result was that, when taken up and run by the Democrats, being looked upon as an uncompromising enemy

of the railroad, he was not only elected, but the popular favor with which he was regarded helped to elect the rest of the Democratic ticket.

Stoneman's inauguration as governor took place on January 10, 1883. In his inaugural remarks, after referring to the generally prosperous condition of public affairs, he turned his attention to recent political contests and said that several important problems had been solved by them. One was that corrupt combinations of men for advancing the selfish interests of particular persons and factions could not override the popular will; another, that the interference of federal authority in the local affairs of the south would not be tolerated; and still another, that the assessment of federal office-holders and employees to raise corruption funds would not avail. The result was to give renewed confidence to the advocates of popular elections, and to strengthen faith in the incorruptibility of the people. He expressed himself in favor of giving force and efficacy to the board of equalization, which had been shorn of its powers by the supreme court; and in the same connection he said that several great corporations, referring to the railroad companies, had refused to pay their taxes; and he recommended that the whole power of the state should be exerted in compelling them to bear their just proportion of the public burdens. To permit them any longer to escape would be to admit that the state had fostered a servant who had "grown into an insolent and tyrannical master." The subject of freights and fares and prevention of discriminations had for years occupied much attention; the demand for their regulation had been universal, and a special commission had been chosen under the new organic law to carry out and execute the popular will. But so far, the railroad commission had entirely neglected and refused to take any positive steps towards enforcing the powers conferred upon it by the constitution and the laws; and all hope of relief from it had had to be deferred. It was to be hoped that the incoming commission would be composed of men of sufficient courage and sagacity to properly meet and solve the questions involved, which constituted the great living issue of the day; and he promised all the power and influ

43 VOL. IV.

ence of the executive department to bring it to a final and satisfactory termination.

He took a positive and decided stand against the "Sunday law" as an enactment that was opposed to democratic teachings and found no support among liberal-minded people. Under various forms, such a law had been on the statute-book for nearly a quarter of a century; and now and then spasmodic efforts had been made to enforce it. But all these efforts had been without success. In every contest before the courts, the condition of public opinion had been shown by the fact that the law itself and not the defendant charged with infringing it had been on trial. Even when the testimony of infringement had been conclusive, juries had almost uniformly refused to convict—a condition of affairs not observed with reference to any other portion of the criminal jurisprudence. He deemed it unwise to encumber the penal code any longer with a provision that could not be enforced, and in effect recommended its repeal. He called attention to the fact that the legislature would be called upon to re-apportion the state into congressional, senatorial and assembly districts and expressed a hope that it would not be done in a partisan spirit, as had been too often the case. He congratulated the people on the relief afforded by congress against "the much deplored evil of Chinese immigration," though at the same time he thought "it might justly and properly have extended much farther." He adverted to a number of subjects upon which it would be necessary under the new constitution to legislate, such as a general road law, laws establishing a system of county government, and laws providing for the incorporation and government of cities and towns, which should be uniform throughout the state. In reference to the state prisons, he thought that a system of isolation and solitary confinement should be instituted for the most vicious convicts; and he recommended that all prisoners should in the first place be sent to San Quentin; that they should then be graded by the state prison directors, and that the most hardened should be sent to the Folsom or other prison that might be established for such severer punishment as might be adopted. In other words, he proposed that San Quentin should be a distributing prison, to which all commitments should be made, and