Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-24

passing, almost unanimously, the law
of May z, 1873, which substituted for
the forfeiture heavy and increasing
fines, and directed the Railroad Com
missioners to prepare for each road
schedule OF reasonable maximum rates,
which should be taken as prima
facie reasonable. the companies
to show them otherwise II
they could. In March Of the next
year, Minnesota and Wisconsin tried
their hands at the subject. The former
enacted law providing for a board OF
three persons who should make sched-
ules of reasonable maximum rates; the
Wisconsin law more nearly resemb
led the repealed Minnesota law OF 1871,
for it divided the roads OF the State into
three classes, prescribing for each its
maximum rates, both for passengers
and for the several classes OF freights
These laws were sustained by the Uni
ted States Supreme Court in 1875 in the
uranger Cases ;.
we nave neI'loneu .ue'o ' 80 .'.o Inv.
uen'S III 't'e "sn' o'vi ','0 ,,. ' 1 - -
ZION, says tue We" ioih A"'e'I AuSiS''
to show that the attempt made by Geor-
gia in her present law, not yet two
wears old, is not unprecedented, although
we believe it extends somewhat further
than has ever before been known the
powers OF the Commissioners over de.
tails. In their third semi annual report
recently issued. after arguing, at great
length and with much ability, the right
and duty of the State to regulate, they
exnla;n that they propose 10 make rates
which will Weld to each road what they
regard a. fair rates upon what they de-
eide n he its fair actual cost. The law
has been tested, in a made-up case into
which the companies put the best pre-
sentation and the best professional skill
10 be had: but it was sustained in the
limited States C,rcuit Court by Judge
Woops. of the United States Supreme
Court who beld-in opposition to per-
hans the strongest point the companies
.,.a-,~.Na - -s~L~ A.. ----.:-- -
empowering commissioners " 'u'Ae
rates Was ho' d ueiesa'ins U, tue ies'S'a
1--WE powers W o'i'eis " '"e Legislature,
anu WAS "i'n'n '''e 'aii eonS'i u''i'u VI
the CONSTITUTIONS inaiua'e 'na' '"e
Legislature snail pass laws iIo'h Time
10 Tune 10 regulate ireight anu pssseh-
ger tarinS' 1t Is pam tna' Il the Leg
lsiaIure couiu NOT empower 'hree h'e"
10 make rates, II cou'u' anu unuouo'ed
y "ou'u, unuer Tue eons'irutionai a"
thority, 10 tue "orA i'seii' 81 'ia' 'nere
"ou'u NC no prac'icai gam u 'ie com'
PaiiieS' Out exposure W the risA Vi NAV
ing 'he rates nAeu."i'n less conSiue'"'
tlon. us noteworthy aiso' that one
oil the points OF contest between the
commissioners ard the Plainuh com
pany concerned the value, the oper-
anng expenses, ana the rightiui
rate oil net earnings the commissioners
putting each OF these materially lower
than the company did. The three Com
missloners-one OF whom Is to be "oi
experience In the law" and one "oi
experience IN railway buslneSs"-have
divided the roads into three classes,
which may charge respectively, three,
four, and five cents mile for passengers;
as to freights, they publish a schedule
OF twenty closely printed pages-a Curl
osity in itself-very minute in specihca
ton, providing for articles according t.
packing, quantity, and the extent Of
owners risk or carriers risk, almost
every conceivable case apparently being
provided for, with list OF exceptions in
the form OF percentages which one and
another road may add to the schedule
rating upon this and that article.
This Is the opposite extreme from the
mild supervision oil Massachusetts.
Georgia commits to three men the power
to make all rates for every form OF rail-
road service all rules and arrangements
iouno heeuiui' ana 10 pass upon all con-
tracts ana agreements among the roacs
as 10 carrying, rates. or DIVISION Oh earn
'nss: massachusetts trusts 10 moral
0"ISiO~' ee'e'0eu "I'ous" argument
al" uOo;' Un 'uo 'ieo! Tia. d COT
poration VIII DO the rignt and aoan-
don the wrong as the collective
gaze of the people is Turned pnon
i un5orb,sdiv .xror;a,oo h.. :;
-, 2. 80. N''' ="
part J"spueo ms Deorgia, on the