Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-15

Four of these months the road had been ope-
rated under the Commissions rates ana two
months under the rates fixed by the company.
The Commissions rates went into effect
March Sd, 1881. The gross earnings for March,
April, May and June, 1881, we're $84s,314, and
for March, April May and June, 1880, $314.1sls
an increase in 1881 OF $34 1873.
But how much of this was from local freighrss
In 1880 the local freights for the same months
were $l52, ,046, and in 1881, $14s,1s showing
| decrease of $2,914.
In March, April and May, 1880 the company
carried II ,2f6 tons of local merchandise, which
at the company's rates yielded $4,000. The
| same months in 1881 the company carried Is, ,420
tons, which, at COMMISSIONS rates, yielded only
800, 200. That is, for carrying 70 per cent more
Ireights than in the same months last year, the
company received per cent. less money. IL
costs more money to transport 13 42D tons OF
freight than it does II ,21S tons. 1t takes more
cars ana more engines, or they go oftener, and
consequently it takes more wood oil ETC.
me integrity and ability of Colonel Haines
had been conceded by MIR. Barnett. and there
FORE the conclusion is irresistible that the
rates are not Just and reasonable as it is con-
ceded tnat at least per cent per annum on
| the capital invested is but reasonable and ONE
| fourth of one per cent net income in six
months Is only one half Of one per cent per
| annum, or onefourteenth of what all who
have expressed themselves have declared to
be a reasonable return. Colonel Haines also
showed by the figures an increase in expenses
necessary expenseS-that the boom had
struck eTDenSeS as well as receipts; that the
wages to retain emploYes-track hands to
the amount of $4,000, engineers and firemen
$4,000; that cross-ties and fuel for engines had
also increased in price S9.OUO for the nrSt and
$4,000 for the second, making an aggregate in
crease OF expenses in the four months of 1881
over those in 1880 of S25, ,000
The principal reduction is in the cotton rates,
and Colonel Haines calculates the reduction
from this source alone to be 1000 This is
the most vital blow to the road the Commits
sloners nave lnfilcted the effects of which can
readily be calculated
Colonel Hanes adduced other facts bearing
on the merits of the issue. which we regret
ing is a fair sample. All that he said was
manly, directed sQuarely upon the issue, and
untinged by demagogism.
Like the hyphen in a compound word Mr.
Barnett come between Col. Haines and Judge
Chisholms arguments without performing the
entire office of that important part of punctua-
ton, separating them only, not connecting
them. Judge W. s. Chisholm was next in order,
and made, as usual, a clear, square fair arg1l-
ment upon the issue. he outline of his arer-
ment was, THE old lGlc, the mischief OF the act
| of October IA, 1879, and the remedV." Upon
| the old law the condition of roads in Georgia
| in 1877 was given, showing their financial con-
dition was not prosperous, and that the COM
| plants before the Constitutional Convention
were not Of excessive rates, but of unjust dis
examinations and rebates, and that the old law
did not protest against these evils, and it was
for the correction of these evils the constitu-
tional provision was passed
The mischief Of the present law was that the
poi0er ia make rates by the Commission in the
act of October IA, 1879. was a delegation of
legislative power, and, therefore, unconstitu-
tlonal, inasmuch as the statute also gave to the
Commissioners judicial and executive powers
The act prescribed penalties for violations of
the rules of the Commission. which, by their
operation, became laws. These rules OF the
Commissioners were not laws, as they had not
been passed in the manner prescribed by the
constitution The act of October H. 1879, was
in operation as it came from the hands of the
Legislature; that it was a perfect skeleton
until life was given it by the action of the Com
missiOners, citing Judge J. H. Lumpkin, 14th
Ca p. p. "a and IS, THAT they should be COM
plete as laws when they camefrom the hands
of the Legislature, and not depend for their
/ force or efficiency upon the action or will Of
any other power"
The rules and regulations Of the Commits
sioners if not technical laws" have all the
force under the act of "lawsn They repeal
corporate charters, ard change the statute
law. The act Furnishes violations of the rules
and regulations of the Commissioners The
act creates privy council with despotic pow
ers. Acting on secret information citizen
may test this law as any other law, but il a
railroad, no matter what the circumstances
tests it, it does so with halter around its
neck: Itmust make the test by first disobeg-
ing the rules of the Commissioners, and goes
into court with this cloud hanging over It,
The Judge made strong point upon the con-
centrating In one body of three men the
powers of the three departments of
been characterized as tyranny or des-
potism. Supporting this view bV citing list
Blackstone, section 269 and Sth Georgia. 229
The Judge also insisted if this view of the
law be wrong, then it could not be lust or
right in any view, as while the powers con-
ferred might not be abused by the present
Commission they might be changed, and other
kings who knew not Joseph" might be
clothed with these powers. At this point the
session adjourned till the next day, the result
of which we will give you. LOCKER On.