Savannah morning news. [volume] (Savannah) 1868-1887, 1881-03-11
The Alabama Railway Commission

The Alabama Railway Commission.
A careful examination of the Railway
Commission law. recently enacted In
Alabama, convinces US that it is one of
the fairest and most equitable pieces Of
legislation on that subject which we have
yet seen, as it affords ample protec-
ton, and redress in csse Of wrong, to both
the reads and the public. The act pro.
vides for the protection of the public
that the railways of that State shall not
charge excessive rates, nor shall they
make any unjust Determinations. Such
acts on their part are pronounced to be
extortionate, and any road found guilty
of such extortion shall be liable before
the courts to the party injured for double
the damages and the costs Of the suit.
For the protection of the railroads it
provides that commission of three citi-
zens, appointed by the Governor, shall be
established To this commission the
railroads shall submit their tariff of rates,
and when such tariffs shall have been
conformed 10 what, in the judgment OF
the Commission, is just and reasonable.
the Commission is to approve them.
This approval, however, does not make
it incumbent upon the roads TO
adopt the Commission tariffs. They can
continue to charge their old rates if they
feel inclined; but should they adopt the
tariffs they are relieved from all liability
to the public except for actual damage,
while should they refuse to acquiesce in
them, the public can resort to the courts
and bring action against them for dis
elimination or extortion, and, if sue
cessful, the penalties stated in the act
for such a course would be inflicted.
Aud in such suit the approval of the
Commission would be prima facie evi-
dence that the approved rates were fair
and reasonable and that the roads were
guilty
It seems to US that this is eminently
Just and well calculated to effectuslly
settle all differences between the public
and the roads without detriment to the
Interests of either When the roads
make out their tariffs for the inspection
of the Commissioners they have OF course
to show that body what were their origi-
nal OUTLAWS for construction and rolling
stock, what is necessary to be expended
for keeping the lines in thorough repair,
and what is required for running ex
penscs. Then they have to satisfy the
COmmissOn that their tariffs are not I'M
just to any section through which their
lines pass, and that their gross earnings
under the proposed rates do no more
than meet their expenses and yield
them "a fair and just return"
on their investments. The Commission,
who are now-and presumably always
will bG-nen of prominence. character
and ability, and who have the best in
terests of the people Of the State at heart,
will not approve the tariffs unless all
these matters are clearly shown to their
satisfaction. This would certainly be
all that the people could reasonably de-
mand, and if the railroads afterwards
charged higher rates, they would lay
themselves liable to heavy damages and
also to indictment.
1t is just such a commission as this
which we have always advocated for
this State, viz: board of arbitrators,
composed of men of the highest ability
and integrity, and compensated suffi
GENTLY well to raise them above all
temptation, to act as umpire between the
roads and the public, and to make i'm
partial decisions in all differences be-
tween the two, leaving the matters to be
finally decided, should each party be dis
satisfied, by the courts. 1t is needless to
say that these last would probably never
be resorted 10. The well known high
character of the members of the Com
mission, and their own reputation being
at stake, would guarantee to both sides
that their rulings were fair and impair
tial, and in at least ninety-nine cases out
of hundred, both roads and people
wo Id promptly acquiesce.
The great advantages of such law
over that in force in this State are
manifest 1t is calculated to keep down
luminosity between the people and the
railroads, which all must admit are the
greatest benefactors to any State or
country. 1t is free from the despotic,
arbitrary, unrepublican and unjust fea-
lures Of our law, which gives three
disinterested commissioners absolute
control over our vast railway interests,
and enables them, at "a stroke of the pen,
to force the roads into bankruptcy, if
they feel inclined. 1t prevents the
crushing out of all future railway enter
prises, and consequent future devel
opment of our State, which our
law is sure to cause, inasmuch
as it insures protection to railway invest
ments, while our law is a constant
menace to all capital placed in such in
vestments In short, we have no doubt
that the Alabama Legislature, while this
subject was before them, carefully in
vestigated and earnestly studied the
Railway Commission law of Georgia,
and determined to avoid its glazing in
justice and possible evils. In so doing
they have set an example to our own
Legislature, which we hope our law
makers will not be slow to follow.
The Increase Of the Negro POpn-
latiOn.