Savannah morning news., 1885-09-04
TroRGIA'S COMMISSION.
~, RROWN ON THE PENDING
RAILROAD BILL.

80. ,5s AtIanta Constitution, Sent. 2.
,rt, senate committee having reported
- enl Yesterday morning that had been
'n1 ~ on in the committee for the modi-
s.r, of the powers of the Railroad
---.r,l.sion, and a good deal having been
..I and written recently on the subject
r.rious persons, the following inter-
With GOV. Brown on the subject will
4 ~ Of interest: >,
pe pen.,orter-"G Governor, what is your
hsPJ I,59 as 10 the propriety of the passage
Il ,so hin reported by the Senate commit
p Hl-,non the subject of the modification
NJ the powers Of the Railroad Comnls-
SION, Rrown-oI have not lately been
any part in the discussions on that
la.fteet and have not approached men,
80 of the Legislature, nor have / under
~ in any manner whatever TO intiu-
an. tbeir action; but my opinions on that
sl.os+ion have. | think, been pretty well
# l1orstood for several years past, and !
+tartain no opinions on that or any other
4 yr,nortapt question affecting the rights
ND interests of the people of Georgia,
IA am unwilling to make public II the
,ecasion seems to require It,"
Rsnorter--" Before you proceed further
al 10 lIlt4 4uiiG " ntbuIt Jbh eANA FONtNAO
s|oiisbipg the commission, or whether
pc1 think there is among railroad men
,,srosition to have it abolished"
Gov Brown-''I do not advocate the
.bo1ition of the commission, nor do be-
81 Nv +hp railroad men Of Georgia enter
II ,oir apy expectation that the commission
Mi he abolished, nor do they desire to
.boIisb If. A commission of wise, judi
sions men. possessing appropriate powers
,rd not m0narchical powers is, in my
8 snjnion. proper under all the circum-
II stances. and l have no wish to see it
81 5e.troved, nor do think the people ought
10 consent to the destruction OF the COM
81 mission"
81 70 tba commission, but you are opposed
81 Ia what you call 'mOnarchical powers
ii nosspssed bv the commission"
81 Gov, BrOwn-"Yes,t that is substantially
81 correct. | suppose no one will question
81 he lact that the railroad commission Of
s. Georgia possesses extraordinary powers.
IN every other branch of business in the
s. state. with which l am familiar, the
6wDer Of property has the right to con-
81 troll bis own property, to fix prices subject
81 70 the common law rules applicable in
such cases, and, in the main, to regulate
bis own affairs.
owners to make their own rates. No
matter how low nor how reasonable they
might be as made by the railroad company
the privilege is absolutely denied to the
81 company, and the Railroad Commission.
many times not familiar with all the facts
E and circumstances connected with the
case sits down and fixes rate which
Il each company may charge for transporta-
II tI0n and passage fare, and having fixed
81 .he rates they establish rules and regula-
81 lions for the government of the companies,
and there is a severe penalty for DISC
0eying or disregarding those laws. The
law requires them to give no notice to the
owners Of the property, or those who
manage it, Of the time or place when they
q will fix rates. All that the railroad men
know about it is, that the commission
regulates that matter, and in accordance
with its own good pleasure 1t announces
he result of its deliberalion in its own
Say, when it pleases, and no one has the
right to demand hearing in advance. In
other words, the commission has the
power to fix the rates without any notice
81 10, or hearing from, those entrusted with
E the management Of the railroad property,
and the railroad companies are required
70 conform to the rates fixed by the COM
mission.
And II the rates are fixed so ruinouslv
low that the practice Of such rates would
soon drive the company into bankruptcy,
theTe IS no remedy for the company, as
-nere ls no appeal permitted to any court
OF any judicial tribunal of any character
from the sovereign decision of the COM
mission. One OF the fundamental prlnci-
pes Of Magma Charta In England was the
Tlglt Of appeal to the courts for redress.
y has 0een regarded as a part Of the birth
lslt OF every freeman in America, as
wen as IN England, to have their rights
auJudioated by Judicial tribunals. The
slt 10 petition for the redress of
grievances, and the right to appeal to
ne courts fer relief are inalien-
aoie rights, and, 80 far as / know,
aey are protected in all the States
lne union and by the general govern
Aeht. NO matter how humble the person
y no" insignificant the right, IL it is q
sAt OF property, and is illegally invaded,
'Ae party has the privilege TO go into the
uiLs ana 1ave his rights adjudIcated
6lV When the Railroad Commission of
oe'l sla TX q rate, no power of appeal is
Even Inc commission is sovereign and
uffeue SO far as this power of fixing
1'es Is concerned, and there is no appeal
f]m Il, and no right to be heard i'm any
s'alt court or United States court. The
A,es may be 80 low as to drive the COM
pe3 mo bankruptcy in one year and de
~ 1"e entire value OF the stock OF the
ouPdly ana render 10 unable to pay its
ol-eu deOt; IN other words, it may be 80
I'd 80" az 10 amount TO absolute confscation
Ne property OF the company, and still
+ e Is no redress in the courts. The
Q'ehl commission have said, "This
-'i oe the rate" and the courts are
"eliees 10 grant redress. In word,
c''hlnsslon fixes the rate which shall
III charged for the use of the prOpertv.
rat oinp8ny has no power to nix its own
"'es lhe commission prescribes rules
so'eihlng the company in operating
Ioau' If the company violates these
s,s,t.a ue@Fy penalty is annexed, and no
pisi,, NV" oppressive or onerous the de-
'u may oe, there Is no appeal. The
ever oi 30 sovereign in Eurone is more
lhe property ofhis subjects
ion W. over OF the Railroad Commits
81 and lu a ne rate-making power in its
hal .'i'''NN 'NN Tie rght Of appeal denied to
..rr"!.IDoa companies.
Lhteitl ling these opiniops "a IN tho
honr,P ana unreasonable powers OF the
No 49,. ""' nave no hesitation in say
b. he ,oo',l,lil i' my opinion those powers ought
ba ,te sts galazraph Of the constitution Of
b bis l,ne' applicable to this subject is in
~ gan hguase:
tai,aS,p power aud authority Of regulating
Jr.y..tt "eI4ht and passenger tariffs.
eguir,.s UNJUST determinations. and
Ir-.gI, reasonable and just rates OF
t0pf.r,,"u "uu passenger tariffs, are hereby
,Io.Su upon the General Assembly.
# d ~.