Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-10
THE POWERS OF THE RAILROAD
COMMISSION.
Senator Brown Before the Senate
Railroad Committee and the Conn
mission.
Atlanta Post-Appeal.

Senator Joseph h. Brown appeared
Friday evening at half-past four o'clock
in the Senate chamber before the Senate
Committee on Railroads and the Railroad
Commission, to give them his views on
a Railroad Commission. He had no obs
jections to make to the present Commits
sion or their work. He was not opposed
to Commission. On the other hand he
believed it to he the best medium
yet brought forward for the regu-
latiOn of matters between the rail
roads and the people. His objection to
the present Commission was not to their
work but the law under which they act
He believed the law not only to be un-
constitutional, but derogatOry to the best
interests of both railroads and the
people. In this light of the question
he proceeded to show with a great deal
of ability that to the Commission
powers were delegated by the Legislature
which the Legislature itself did not pos
sess-namely, the powers OF the Legs
lature, Judiciary and Executive. He
claimed it as proper and right
that they should regulate their
tariffs, but not make them.
In fact, he argued that this present
creating and controlling it. was a little
government of itself. with all the powers
of our National and State Governments
first to make its rules, then pass
judgment upon them, and finally exc
cute them, He thought their power to
make rule for tariff rates and to sue
the railroads for penal offense if they
disregarded it, and then upon no evi-
dence whatever save their own ac-
ton in making the rates to fine
them from $1,000 to $4,000 and
execute this verdict, an arbitrary
one, and contrary to all notions of
civil liberty. He believed that the prop
er sphere of the Commission was iu-
dietary function to arbitrate and settle
all matters that come into dispute be.
tween the people and the railroads. In
that way the Commission WOULD be q
regulating power, a means of protection
for the people against any unreasonable
charges or rates they might make, and
yet leave to the railroads the right of
defense and explanation.
His argument was listened to with
great attention by the committee, the
Commission and quite large gathering
OF spectators, among them a number of
prominent railroad men.
After Senator Brown had concluded
his remarks, Hon. Samuel Barnett, a
member of the Railroad Commission,
appeared before the committee to answer
the arguments of Senator Brown, and to
defend the Commission and the law
under WHICH it was acting. He said
at the outset that the Commission was
unprepared to answer satisfactorily the
points brought forward by Gov.
Brown, as they expected an informal
meeting with the committee, and not
large gathering of Senators, spectators
aud railroad men, headed by their chief.
He introduced no new points, nor any
thing in answer to Senator Brown, but
held up before the committee a copy of
Judge Woods recent decision on the
rights and powers of the Commission
under the present law. He was of the
opinion that that able argument covered
it all, and moreover, believed it to be
settled that the Commission was all
right, and was doing good work.