The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-01-03
No. 96i West I'm street, Oinclnns
If your horses have sore shoulders,
scratches, cuts or open sores of any kind,
use Stewards Healing Powder.
Georgia. state Railroad Commissio

Few documents reach the Newspaper edi-
tor thai ar- of greater present Interest TO
large portion of the American people than
the annual reports of tho GeorSis railroad
com IN 5sion. That body Is endowed with
great powers, and the commissioners have
ussd thosH without fear or favor when called
unon to do so. There il much discussion
iust now as TO whether railroad commits
.inn,rs should be mere advisory bodies, or
should be Invested with executive author
lty, and as to whether it Is desirable that
congress should pass the Reagan or
some other bill for the regulation OF
Interstate railroad traffic. At such
time the workings OF the Georgia com
mission lvstsn becomes OF Importance, as
aiding to suive the question whether It Is
bett er TO !save the roads and The pubic to
setrle disputes arising between them as well
as they can, aided by such existing provis-
ions oi the law as are applicable to them, or
whether body OF commissioners should be
provided hose action snall De unencunl-
bered viii heavy legal expeneHs and nm
vsXeu by iesa delays. we rave JuA. re.
81 ghth semi annual reports Of the Georgia
railroad commissioners, Messr,. j. M.
Smith, Calnpbs Wallace and l.. N. Tram
mel The most important matter men,
toned is the decision of the supreme
conrt Of Georgia as to the power OF the
commissioners, which the Georgia Rail.
road and Banking company questioned
aud referred to the court. The decision
was in favor OF the commission. The plain
tiff acquiesced in the decision and has con
formed to he rules and regulations OF the
commission on the points in dispute, and
il now applying the same to the business
of their road. The plaintiff objected that
the act creating the commission Is upcon-
stitutional and void. 1t was also clsimed
that tho charter OF the company Is con.
tract with the state and gives power to
CD arge any rste for freight or passage up to
the limit mentioned Ia the charter. The
court decided that the legislature has nu-
thoriiy to regulate rates and 10 prevent I'M
inst d Determinations; the act creating the
com m ss on was passed Tor these purpoes.
The constitution gives the legislature
power to regulate rates and TO pass laws in
pursuance of that duty, the object ia to
mr. serye the i.iznr. ,gainst uoiu4t
rs ies ana Determinations Tne laws
ia ,scd mus, baVs .As.u.yu Jfices, anG the
| legislature can confer the necessary pow
ers. The law cannot prescribe 40 invsris-
| ole schedule of rates FOR what would be ut-
| lust at another. The act creating the
| Georgia commission is neither uuCOnstisu'
! tienal nor void The charter OF the road
| fixes Il limit beyond which the road shall
not charge Charters granting exclusive
privileges must be strictly construed, AID
what is not expressly given or necessarily
implied, Is withheld. Chief Justice Black
| Railroad company, page Y VI 81. Louis
Rep. 339, decides that a corporation Can do
what Is authorized by its charter, beyond
that all its acts are illegal, nothing can DC
proved or disproved by inferential reason
| ing. If certain privileges are claimed,
the words of the legislature comforting
them must be shown, for doubtful
cnarter does not exist. Fertilizer COM
pany Vs. Hyde Park, 81 United States, $50,
saws every reasonable doubt is to be taken
adversely, the affirmative must be shown,
for silence is negative and DOUBT is fatal to
the claim. In the present case the state
agrees that the company may build road
and have exclusive use of it as long as it
com plies with the conditions of its charter
The state did not guarantee the company
the exclusive right to charge the full
amount of the rates, bat that it should not
exceed them. The state has power to regu-
| late rates unless that right is not already
parted with in granting charters, and
such a parting with must amount to
cannot be implied. No such contract in
words is found in the charter in the present
case, giving to the company absolute right
to regulate its rates, or to guarantee the
rieht up to & maximum mentioned. The
State stipulated on certain terms not TO ill.,
| terlere With the company exclusive r,gnt
of transportation. This was all. II no.
where stipulates not to interfere with its
rates. 1t is claimed that the proviso makes
o contract. bnt to do that ''it would be nee
essary-lo insert words therein which are not
used, and to make covenant in which no
words ofcovepant appear" The construc-
ton the plaintiff contends for is uuauthor-
lied and violative of the rules as to
what constitutes the usual Office oil
Ia proviso. In conclusion, the court
holds the Gct OF the legislature to be con-
situtional, and the orders of the commits
sion to be valid and binding, but their pow
ers are not unlimited or beyond the proper
control OF the state authorities. II the COM
pleinaut had showed q violation OF the
chartered rights of the company 1t would
have been the duty of the court to restrain
and enjoin the commissioners. This decis
ion and the grounds of 1t deserve attention
in this state, las, during the last session OF
the Legislature, much mistaken opinion as
TO railroad law and state charters beinf
contracts between two equal parties wa:
EXPRESSED ami received, and further actor
grounded upon more correct views may ye
4 have to be adopted by the state OF Tennes
/, ee.-[Memphi1 Appeal.
afnv She Planted Roses.
had in his 3osseG ~