Savannah morning news. [volume] (Savannah) 1868-1887, 1881-05-03
"The Railways and the People. 9

Constitution of Friday attempts, for the
first time since the controversy between
itself and the News on the Railroad
Commission law of Georgia was first in
augurated-and which controversy has
been gong on ever since the law afore-
said was passed-to make anything like
decided or logical answer to the
charges made by us against that law.
1t has heretofore simply contented
itself with evading our charges,
and indulging in dogmatic assertions
to the effect that the law was
lust. and that its ultimate effect would
be of great benefit to the people of the
State. In its Fridays article, however, it
has done Just as we have always wished
it would dO-specify charges and attempt
to reply to them in detail. We will now
endeavor to show how signally it has
failed, as. indeed, any paper must
fail, because our position is clearly right,
and, therefore, cannot be successfully
assailed
Our contemporary correctly states our
charges against the Railway Commission
law as follows: 90 That the law is
unjust, arbitrary and despotic. ~ That
it places three disinterested individuals
absolutely in control of the railway
property of the State. 81 That it works
injury to railways already in operation,
and is a constant menace to railroads in
contemplation (4) That it drives away
from the State capital that would other
wise be invested in railway enterprises !"
To these charges, so correctly and
succinctly stated, our contemporary then
proceeds to try to reply, and its reply main
" consists simply in a denial of them in
detail. 1t says, as to the first, that the
Railway Commission law is not despotic,
because 'lhe Commission is merely an
Intermediary between the railroads and
the people on one hand, and the judicial
tribunals on the other. The board is
without power to enforce its de-
cisions," because before any pen
atty can be inflicted on the roads
for violating any of the mandates
of the Commission, the courts must pass
upon the action of that body. AS to the
second, that while the Commissioners
are "disinterested, in that they are not
stockholders in any of the railroads. they
are interested" in the welfare of Geor-
gla. As to the third, that we cannot
show how the law has worked injury to
railways already in operation, or
that it is a menace to those
Sin contemplation, and if we can
it politely requests us to do so, and
as to the fourth, that, so far from the
Commission law driving away capital
from investment in Georgia railways, in
the past few months more capital has
been so invested than ever before known
in the history of the State.
Now to our reply. Regarding the des.
potism of the law, all we have to do is
to refer to the law itself. After provid-
ing for the Commission, the law, in sec
ton Georgia Laws of 167S-79, page
12D says that the Board shall make
reasonable and just rates for, and pre-
vent unjust discrimination by, the rail
ways of Georgia IN all cases except
where the freight carried by
such roads comes from, or goes
beyond, the boundaries of this State, and
that said Commissioners shall have fill
D0loer 5u rules and regulations Gtalics
ours) to designate and fix the difference
in rates OF freight and passenger trans
portation to-be allowed for longer and
shorter distances, or the same or differ
ent railroads, and to ascertain what shall
be the limits of longer and shorter dis
tances." These are the words of the
law. There is nothing therein con-
tanned to restrain the Commission.
What they declare to be 'just and
reasonable rates" are to be accepted
by the roads under heagy penalties (see
sections TX. and y. of the law, page 1919
of the Laws of Georgia 187S-79) as such.
And, as if this was not despotic enough,
the law, in section VI, declares in the
most pointed terms that when the Com
mission have decided on their schedules,
said schedules shall ''be deemed and taken
in al courts Of this State as sufficient epi-
dence that the rates therein tired are Just
and reasonable"
Where then does the boosted power
of the courts come in to protect the
roads from the despotic rulings of the
Commission2 As the law stands upon
the statute books the Commissions
edicts are all that the courts can look at
They cannot ego behind the returns, P"
and if a railroad is rash enough to re-
fuse to obey these edicts and apply to the
courts for relief, all that they will be
told is-as Judge Woods has already
told them-"Go to the Legislature, not
to the courts, for redress" And while
they would thus be kicked out of
court without satisfaction, they would
be found guilty of having violated the
arbitrary commands of the Commission,
and be subjected to fines of, for each
ofense, not less than one, nor more than
five thousand, dollars, and be liable to
exemplary damages besides. If this is
not despotic, what is despotismf 1t is
the very quintessence of arbitrary power,
as great as any vested in the Gar of
Russia. The Commission know, and
indeed acknowledge it to be so, for
they themselves say-as will be seen by
reference to the admirable letter from
Colonel Haines, elsewhere published
this morning-that ''their powers, like
thumbscrews, take a powerful hold, so
that even litigation, to test them, is dan
gerous." There we have the law and
the confession of the Commissioners
themselves to prove the despotic power
with which they are vested, and surely
no man can ask better or stronger proof.
The second statement CT our Atlanta
contemporary hardly calls for a reply.
We say the roads are in absolute control
III