Savannah morning news. [volume] (Savannah) 1868-1887, 1885-09-09
JrSTICE FOR RAILROADS.
mn COMMISSION AMENDMENT
am UP IN THE SENATE.

,,addox, in Behalf of the Commit
90 Asks for Fair Discussion OF the
"nsstion-CapabiIity OF the People to
49, as Jurors in Cases of Appeal.
,r,,vTA. GA, Sept. SIN the Senate
,,.5av the special order was taken up, it
s.iro the substitute offered by the Com
..,,+oa IN Railroads to be entitled an act
70 alter and amend an act approved Oct.
a 1874 providing for the creation or es-
.,tlisbmaut of railroad commission. On
,to'.rastjon as to the adoption Of the re-
,@rt of the committee, Dir. Maddox, in
ta.sIfof the committee, stated that he de-
,..-a1 TO preeipitate the argument and
ds.ou.sion on the bill at this stage on the
.4apfion OF the report, 80 that Senators
,.,d had objections to the bill would nave
opportunity to offer such amendments
as they desired.
AGOOD BILL WANTED.
The committee did not claim perfection
ro+ the pill, but they desired to see the
gis1om and Judgment of the Senate, not
a. n-eiudfce, perfect the bill. The COM
-,ittae would not object to wise amend
I,ants but. on the contrary, would accept
a,v god amendment. The time was
c1ming when the people would demand
s5me change in the commission law.
So,nA wanted to abolish the commission,
.,me TO modify It's powers, and others to
Isave it where it stands. The time had
arrived when the Senate was called upon
n consider the whole question, and the
I'M was submitted with an honest pur-
pose 70 perfect the law.
Al ha ~
was taken up by sections and the Score
agreed to.
THE FIRST AMENDMENT.
Section , was read. Mr.. Mcbride Of
fered to amend by striking out all Of the
section after the word commissioners"
On The thirty-irst line. Mr.. Mcbride said
il seemed from the complaints made that
it was necessary that some change should
he made. These corporations ought to be
controlled by the State. They are estab-
lished for public uses and ought to be
controlled by law. They ought to be al
IOwed to fix their rates, and be favored
that much Of the bill, but the bill proposed
70 give the right Of appeal and that he
opposed. What does a jury know about
rates 0r the administrative policy of rail
roads? What does the Superior Court or
Supreme Court know of it? He opposed
that feature Of the bill.
WHY THE BILL SHOULD PASS.
Mr. Maddox said he favored the bill
more strongly on account Of that section.
He believed that they ought to have the
right Of appeal. The objection made that
the people don't understand railroad mat
ters ought not to stand. II the railroads
can stand the juries the public ought not
to complain, as it is well known that the
prejudice of jurles is against the roads.
The bill ought 10 Dass IN its present shape.
The commission as it stands strangles
railroad Improvement aud drives of for
eign capital. They are to be governed
not 10y the courts, but by an arbitrary
commission, from whose decision there is
30 appeal.
THOROUGHLY COMPETENT.
The juries are competent to try cases
where the railroads have damaged the in
dlyidual or private property, competent
To sit on cases Of the greatest magnitude
and Of life itself
hr. Mcbride asked if Jury decided
against toe roads if they could not do the
same-the day after make similar rates or
determinations.
Mr.. Maddox thought the proposition a
foolish one. If man Is convicted Of car
ryIng concealed weapons and fined ne
may violate the law the next day, but he
Is not likely ~. The men VINO manage
pui roads are business men and not fools,
and they will not lay themselves liable
again 10 the law after the question is de-
iermlned by the courts.
RAILROADS OUTLAwED.
Why are the railroads outlawed? Why
4 are I1HT Kent nf rho Tho
is"s glNe every man the right OF trial by
d Jury Of his peers, but the railroads
must be hauled up before an arbitrary
commission.
Mr.. Mitchell asked if the rlghtof appeal
70 tnese cases is not also denied the people
as veil.
Dir. Maddox replied: eyes, but the
uNs may come when bhe people will de-
mana and cry for the right of appeal as
.1e! are now doing in California. There
sls people are ciamOring for the right of
appeal nom the commission. Capital
" WI moi come here and invest in the tace
VI aii aroltfarY commission. Not a man
oA -lls ii00r would invest dollar in a
l"'i'ad enterprise, and why aek foreign
Napltal 70 DO itr lt is most reasonable
opposition 10 grant this right of appeal.
-. I Ile genius and spirit OF our govern
Hen, To give the right Of appeal, and If
lel DO stand our children will live TO
curse the hour"
NEED or A CHANGE ADMITTED.
.t' Mr' Norhen admitted that some
uD,E.' were needed, and that there
,1'-'' y" be some appeal. The only diff
% .r 'rtween them ia in the manner OF
. 'eai' he WAS not In the interest OF
a. "N except the public good. II
t .lsI0u OF me Communication Fe not ant
"fY 20 railroad or 10 q complain
.' an appeal Is made to a Jury of the
TN where the complaint ia made.
f-'. uIy Is made up Of people I'm svm-
,r "!tl the complainant, and they
tte.. utoide on questions about which
go @nV" iothing. The case must then
sflaa' Al.aadgox asked: "Are not jurios
s,o '.itl on 20 decide questions cf sci
4 fGc,' .ueullstry, poison, etc, about which
Know nothingY,
vc,Ii', Northen said "yes;" but they
''' nave Tie benefit Of experts.
RAILROAD EXPERTS.
q, ''I' Maddox asked II they could not call
,Aperta 800 the railroad cases.
Aqrthen said vea. but In many
t., ne amounts would be small and
m,G p'ainants would not be able 10
Fr,Jy an expert. His objection was
i thons,. ~ the manner Of appeal. He
aIra,,.,, mat the appeal ought 70 be made
pdlf,! o tue supreme Court. He doubt
feni -e ouprome Court would be compe-
rstbo.'ea 20 decide such cases. He was
teetp " the opinion that there ought to
son. y, tler commission, made up OF per.
oD.s, quo devote themselves 20 railroad
Ithat ,yna and To nothing else. He thought