Savannah morning news., 1885-09-04

! =
quiring that rates should be reasonable
and just. After the rates have been made
by the railroad company and the laws
have been passed by the Legislature re-
quiring reasonable and just rates and pro-
| hibiting unjust discrimination, any citi-
zen would have the right to complain to
the proper authority that the rates fixed
by the company are unreasonable or un-
just, or that the company is unjustly dis
eliminating against him; and it would be
the duty of the tribunal created by the
General Assembly, whether it should be
called Railroad Commission or by some
other name, to adjudicate the question
whether the rates are reasonable, or
whether discrimination exists under the
rules governing in such cases.
"After the tribunal has made the decs-
lou, there should then be an appeal from
that decision through the Superior Court
TO the Supreme Court in the State, as in
all other cases where the rights of prop
erty are involved.
Again, 1t is very evident that it was
not the intention of the convention that
formed the constitution of the State, that
the Legislature should confer upon the
Railroad Commission the rate making
powers, aud then confer upon them tRe
power of deciding whether the rates made
by them are reasonable and just without
the right of appeal to the courts. 1t is
obvious from the language used in the
constitution that the convention which
made the constitution intended that the
Legislature should by law prescribe the
rules necessary to prevent unjust discri-
nation and to secure reasonable rates.
The language is: Whose duty it shall be
to pass laws from time to time TO regulate
freight and passenger tariffs, and prohibit
unjust Discrimination Now | suppose it
will not be cOntended by anybody that the
4 gIsafY fra agfsa nv
delegation to the Railroad Commission and
authorize it to pass laws from time to
time to regulate treights and passenger
tariffs.
$50 do this, the Legislature must abdi-
cate its own legitimate authority, and
confer it upon the Railroad Commission,
OF passing laws from time to time to regu-
/ late freights, etc.
"As matters now stand, the Legislature
has established q Railroad Commission
| and the Railroad Commission has taken
/ the supreme control OF this whole ques-
! tion, and claims that there is no appeal
| from its decisions to the courts, and it
would seem to follow that its powers are
| sovereign and unlimited.
''The commission does not regulate
| freights. 1t makes or creates schedules
/ of freights. The Legislature does not
| from time to time pass laws to regulate
! freights, but the commission passes such
| laws at its pleasure, by "Order No. 10' or
''Order No. 20,' of which the railroad
companies may or may not have had
notice in advance, as the sovereign will of
the commission may determine"
Reporter-"Theny you think the railroad
companies should fix their own rates, and
the Legislature should pass proper laws
for the regulation Of just and reasonable
rates, and the just prevention OF unjust
Discrimination?
Gov. Brown-S'Yes,t that is correct. The
owners of the property, those who have
| invested their money in it, whose interest
it is to work it wisely and iudiciOUslY,
should have the right to fix the rates
/ themselves. ANY citizen claiming tnat
the rate is unreasonable and unjust
should have the right to appeal to the
proper court, or to the Railroad Commits
sion as matters now stand, and ask that
the railroad company be cited to appear
| to show cause why the rate should be
changed, or why it should not be
! punished for maintaining unjust rates,
or for unjust discrimination. just
as any other case is brought before
the proper tribunal. the complainant set
| ing forth his cause of complaint; and the
! defendant being called on to answer; and
the riR hts of the respective parties should
/ be adjudicated in court as any other
rights are adjudicated, and provision
| should be made for the speedy hearing
and decision in each case. The right to
! hold property. which is fundamental, and
is protected by the supreme law of the
State, and cannot be secured In any other
manner, and the State Of Georgia cannot
afford TO establish a commission with
power at its pleasure to trample upon
these rights"
Reporter-"lf the Senate bill should
pass, what will be the effect in practice?'
/ l. H. oh 1nv,
arpealsw
Gov. Brown-"No! such a thing will be
very rare. The very fact that the Rail-
road Commission exists. and that there
are laws against eXtortion and unjust dis
elimination and unjust rates. will make
the railroad companies cautious in fixing
rates and in the management of the prop
erty under their control. There will
probably very seldom exist case where
there are unjust rates or unjust discrimi-
nation. The railroads and the public will
SOON become familiar with the rules on
these questions, and they will try on both
sides 10 conform to them. Occasionally
a case will be brought before the commits
sion for decision, and when the commits
sion ceases to be supreme in its powers,
being amenable to law and to public SEN
timent, it will be careful 10 its rulings and
decisions, and there will probably be no
]
cautiously made by the commission.
I'VE may probably judge Of this matter
! by the results IN other countries. In
England, where there IS a Railroad Com
mission with the powers OF high court
OF the realm, we are informed that there
is very rarely a case heard in the court.
/ The rules in reference to rates, to dis
crimination. to extortion, etc, are so well
understood both by the railroads and the
public, that there is seldom case heard
in the court, though the court is always
ready 10 hear any case that may arise.
"ln Massachusetts, which was one OF the
first States 10 create a Railroad Commits
sion, the powers OF the commission were
very limited; they simply heard com
| plants and acted as an advisory body,
intermediary between the complainant
and the railroad company, and we are
informed upon high authority that the
advice given by the commission is al
most invariably taken by the company
and the other party, and that immense
amount OF litigation is saved 10 the com
panv aud the shippers by this sort OF in
tervention on the part OF the commission.
Practically there would be no difficulty
about it ifthe railroad companies were
permitted 10 make their own rates and
power of appeal existed in favor OF either
Marty dissatisfied with the decision. when
I Tho oungtion has been brought before