Omaha daily bee., 1883-04-16

on heavy articles and 10 cents per cubic
foot on articles Of measurement for
every 100 miles; and 5 cents per mile
for everypsssenger. Provided always
that the said company may, when
they see ht, rent or farm out all or
any part of their said exclusive right
Of transportation or conveyance of
persons on the railroad or railroads,
with the privilege to any individual or
individuals or company, and for such
term as may be agreed, subject to the
rates above mentioned.
and the said company Bnall have
power to charge such just and reason
able terms for compensation for stor
age and labor as they may by rules es
tablish (Which they shall to be
publlsheo), or as may be fixed by
agreement with the owners, which
compensation shall and msy be dis.
tinct from the aforesaid rates of trars-
portation. On December 10, 1885
he name of the railroad vas changed
to the Georgia Railroad and Banking
company, and 30 it has stood for near.
ly 80 years, belrg one ct the oldest
railroad corporations In the country.
On the first proviso above mentioned
hangs much of the interest, If not all
OF 1t. In this cause, and q careful per.
ussl Of II Is suggested
POWER OF A STATE RAILROAD @ MINIS
sIlN.
On March 80, 1882, the Georgia
Railroad and Banking Company filed q
bill at Atlantis, Ga, in the Fulton
county superior court, praying tor on
Injunction against the state railroad
commissioners enforcing circulars No.
20 aud 81 on that road. A restraining
order was granted, and the railroad
continued to charge Its old rates,
which were much greater than the
commiisionera' rate. The railroad
company by Its attorney, Joseph b.
Cumming, had Joined with 1t, In it'
bill, William M. Wadley, the lessee o.
the Georgia railroad, through his at
~torney, Gen. A. r. Lswton. Col
Wadley was also President of the Can
trail Railroad and Banking Compan,
of Gsorgia-a road running from
Savannah, Ga, westward, parallel I,
the Georgia Railroad and Banking
Company. The Georgia RAILROAD
claimed that the commission assumed
to prescribe lower rates than the char
ter Of that company allowed 1t Il
charge. That bill says: +
The state railroad commission Is
sued February 10, 1882, circular No
20, which wa to take effect April l
1882. This circular reduced the rate
of freight OF grain and four yer,
largely on all the railroads in Georgia
On March 5 the commission issuet
circular No 81 to take tf9ct April 1
1883, reducing rates on express freigh
and extra b~sggageby passenger trains
l, That said circulars Nos 20 ant
81 are not legal and binding; for thu
rates which they prescribe are not JUS
and reasonable rates, but, on the JON
trary, they are unjust and unreasons-
BILE in that they compel your orators
to transport the articles In said circu
lars specified at rates which not oplJ
deprive your orators Ct fair profits OF
their business, but require your ora
tors to carry on their business without
remuneration. 2. Uader paragraph
1 of section 2 OF article 4 Of the CON
stitution of the state Of Georgia, th,
power and authority are conferred
and the duty is imposed upon tn
general assembly to regulate freigh
aud passenger tariffs, aud the act o
October IA. 1879, is demonstrations
and void as being an attempt to dele
gate Legislative powers to said railroa,
commission. 8 Said se+ II unoonstl
tutional, null and void because In con
I'll 1t with paragraph 8, artscle 1 Of tn
constitution ofthe state OF Georgia
which forbids the imposing of ex
cessive fines or the In
lloting of unusual punishment.
4 The charter of your orators, tn
Georgia railroad and banking com
pany, Is q contract between the sta
and your said orator. By said con
tract your orators have the right t
charge any rates of freight and Of pas
ssnger tariffs not exceeding thos
limited In said twelfth section Of sci
charter. Said act Of the Legislature {
October IA, 1879, and said circular
Nos. 20 and 81, issued In pursuance {
said act, forbid your orators unde
heavy penalties from charging tn
rates allowed by said contract. Wher
fore said scs of the legislature is, b
virtue of paragraph l, section 10, i,
article l of the constitution of tn
United States, which prohibits II
states from passing any law impairip
: the obligations of . contract, .uncol
s~titutSonal, null and void.
As stated above, 1t IL the intentio
OF the railroad company to carry Il
case TO the supreme court of tbs Omit,
States. In he celebrated Grang'
: cases that tribunal .hrmed the riel
. of the state to regulate pailros
charges, but we understand that tt
right of . state to delegate the pow
: of regulations has not yet been paast
upon.