Savannah morning news. [volume] (Savannah) 1868-1887, 1885-08-30
The Bill 10 Amend the Railroad
Commission Law.

the Railroad Commission Of Georgia, and
prescribing the duties of the Commission
ers.
The proposed amendment is fair. First:
1t provides that the railroads shall make
a schedule, each for itself, OF rates Of
charges for the transportation of psssen-
gers, freights and cars which shah be just
and reasonable; this schedule they are
compelled to publish once a week for two
weeks in some newspaper in the cities Of
Atlanta, Augusta, Albany, Savannah,
Macon, Rome and Columbus, and to post
az all Of their respective stations, but no
increase of rates can be made without
thirty days notice. This change is wise
because it enables the railroad companies
to have some control over their income.
No business can be conducted success
fully unless the management Of the ex-
pense and income account are in the same
hands.
Every prudent business man before
creating OBLIGATIONS ard mourning ex-
penses calculates the resources Of ana
the anticipated income from the business.
Under the law now in force the railroad
companies are deprived Of this right.
They may on Sept. l apply the present
rates Of the Comm ssloners 10 the antici-
pated business OF the next four succeed
inc months, and make large contracts for
engines, cara, rdepots, etc, % be paid
from the expected returns Of the business,
yet the Commissioners can, under the
present law, after the contracts
are made, without notice Of any kind, re-
duce arbitrarily the rates which they had
before declared were just and reasonable,
aud thereby seriously embarrass the
companies. The Commissioners in the
past have often, by their circulars, made
these reductions, and by thus rendering
extremely uncertain the income of the
railroads, have impaired the credit of the
old companies and destroyed many new
enterprises.
Capitalists are not apt to invest by
loans or otherwise in any road in Geor-
gia, so long as the income to be derived
from them is dependent upon the pleasure
Of three commissioners whose chief quail
ficatiOn is that they are not to have any
interest in the property they manage.
allowed to make the rates, controlled by
the constitution and the law. The rates
should be reasonable and just; they should
not be unjustly discriminating, nor should
rebates of any kind be allowed.
Second. The amendment further pro-
vides the mode of compelling the railroads
to perform their duty in the premises.
Eva,v ,areon ooroD,upitv- towo o;tv ~.
corporation affected by any action OF the
railroad companies is afforded most am
pie opportunities for carrying their COM
plants before the Commissioners as now
organized, who are to hear and deter
mine the same as Judges and not as legis-
lators.
This change in the old law is consistent
with our constitutional principles of lib
erty embodied In the code section 5,015,
viz; "The legislative, judicial and execu-
tive powers shall forever remain separate
and distinct, and no person discharging
the duties Of one shall at the same time
exercise the functions OF either Of the
others, except as herein provided"
Under the law as now administered the
rates, rules and regulations, and the rates
when made are declared to be evidence.
They are at the same time a court to try
the railroads for violating the rules which
they have made, and the evidence
that is introduced on the trial is
the schedule of rates which has been
made by them; and If after such trial
they find the railroads guilty, which must
be matter Of course, by section nine of
the act, it is made their duty as executive
officers 20 recover from the railroads a
penalty not TO exceed I'VE thousand dol
lars, and not TO be less than one thousand
dollars for having the temerity TO disobey
their rates. rules OF regu atoms.
A combination Of the legislative, execu-
tive and judicial powers could not be
more complete than in the commissioners
under the present law. Montesquieu said ::
.'There is no liberty if the power of judg-
ing be not separated from the Legislative
and executive powers.D Mr.. Madison
said "That the union of these powers
may be justly pronounced the very dehni-
tion OF tyranny or to use Mr.. Jeherson's
language, SIT is precisely the definition
OF despotic government"
The Senate amendment In allowing the
railroads to make their own Rates, and the
! Commissioners to decide cases only which
may be brought before them, under rules
| Of evidence made by the Legislature, re-
moves this great objection. The amend
ment takes away legislative functions and
confers judicial powers, with the right TO
make rules and regulations like the
Judges OF the Superior aud Supreme
Courts, not inconsistent with the laws of
the State and OF the United States.
Third. The amendment provides a very
simple mode Of an appeal. The appeal is
to the Superior Court of the county where
the complaint originated. The party
complaining has the right to call upon the
Solicitor General OF the circuit, and his
fees are to be taxed TO either party as In
equity cases.
The appeal lie 20 be tried at the first
term unless continued for proyidential
causes; is 20 have precedence on tue
/ docket and IL 90 be tried az an equity
cause, which allows The m0lding OF a
decree TO suit the circumstances Of any
case.
This right OF appeal is more in the
! IL A.