Savannah morning news. [volume] (Savannah) 1868-1887, 1885-08-05
THE STATE RAILROADS.
THE SUB MMITTEE'S REPORT
TO THE SENATE.

Changes Recon- neuded in the Railroad
Commission Law-The Right Of Appear
to the Courts-A Proper enlargement
of the Commission's Powers sug-
gested.
The subcommittee of the Senate COM
mttee, appointed 10 investigate the con
dition of the railroads of the State, has
submitted a report 10 Hon. Frank Ii. Col
ley, chairman Of the Senate committee.
The report gives the points relative to the
Railroad Commission which were made
by Gov. Mcdaniel in his message, and re-
views the question of railroad manage
ment and the effect Of clothing a COM
mission to nix the rates Of transportation.
The points in Gov. McDaniePs message,
which the subcommittee appears to APP
prove, are:
/. The constitution has imposed the duty
upon the legislature, and the Legislature has
wisely deyolyed 1t upon permanent com
3 It is not the purpose OF the statute TO
assume the management Of the raj roads, or
IN any wise 10 inlet injury upon them.
Rightly administered the important powers
vested IN the commission should result N
benefit to the railroads and the public. There
can be no real conflict of interest.
9. The public g entitled TO prompt ana ell
of travel and traffic, for which,
4. The railroads are entitled TO SUFFICIENT
compensation to cover operating eXpenses,
the cost Of maintenance. Improvement aud
renewal Of the property, and, IN addition,
fair average return for the value Of the in
vestment, AMI the risk incurred
5. The Ofhce Of the commission Is TO de-
termine, in case Of dispute between the ship
pers and railway managers, what is just and
reasonable compensation.
6. The powers of the commission should not
f.a Min of Va
10 the administration OF the law has demon
strHted the meet OF amendment. Unless
provision be made for the appeal to the courts
at the instance Of either party to the con-
trovers the power Of the commission would
be unlimited, and its exercise might become
arbitrary.
Z. II recommend, therefore, that the sug-
gestlone Of the commission on the subject OF
appeals be adopted in such provisions as the
wisdom Of the Legislature may devise. 1t VIII
be ~ ces3ary to provide for speedy trial IN the
Superior Court and prompt review by the
supreme Court, for suspendlug the order OF
the commission for a reasonable Tune, within
which "a final decision can be obtained and for
preventing any abuse by either party OF the
suspension; further provision should be
made for notice to all parties in interest. SO
that they may have a hearing before the com
mission prior TO any decision involving their
rights"
After reviewing each point made by the
Governor the subcommittee says:
We recommend that the railroad commits
sion law be SO amended as to let the railroads,
which know better than any one else the
wants Of the people they serve, make their
own rates. IL there is cause of dispute either
as to JUS and reasonable rate, or uni ust dis
ordinations, then let the commission decide
the dispute between the shipper and the rail-
way manager.
If either party ia dissatisfied let there be a
prompt appeal to the superior Court, with
final appeal to the Supreme Court. The
particulars of such legislation can easily be
framed by subcommittee. The funda-
mental theory Of this recommendation is that
the law should not interfere to make a case,
but to decide a case when 1t arises. Let the
general law, with adequate penalties, fix the
duties Of the railroads. Let the cause be
heard without expense to the citizen or com
munity: and, If the decision of the commits
sion is adverse to the railroad, let the AttOr
ney General, or such other law officer as the
Legislature may provide, defend and main
tain the decision OF the com mission. Let all
the tesiim my be under oath and 10 writing,
so that the transcript may be readily pre-
pared.
adopted, the duties of the commission VIII be
far less onerOus, and their jud ments more
conservative and judicial; and, fur her. that
in "A very brief period, all questions between
shippers or communities and the railroads
viii adjust themselves upon commercial prln
cipies and the commission have as lutte to do
as the English or Massachusetts, Commission
ers. so fer az disputes are concerned.
Their powers could properly be enlarged
and the duty put upon them to watch the con-
dition of the railroads, and constantly suggest
spch improvements as are necessary for the
permanent security of life and property. This
is one OF the high and conservative powers Of
the Maine commission, and the Massachusetts,
commission, and, we believe, the south Caro-
lima commission. The former makes a semi
annual inspection Of all the roads, and re-
ports the entire status of every road, with all
improvements made and suggested. Such
powers elevate the status of commission to
that of the most conservative and beneficial
influence Of q commonwealth. Instead of
constant irritation aud warfare. accompanied
by the remOrseless destruction Of values, we
will have reports from the Railroad Commits
sion of Georgia like that OF the commission of
the state OF Maine IN 1892. II will be well
to mark the tone as well as the substance;
We declare rs our irm conviction, derived
| from many sources of inquiry and informa-
/ the Georgia Railroad Comm ssion will pre-
/ vent the investment OF capital in railroad
/ construction in Georgia to any great extent.
/ We have in mind projected railway connec-
ti0ns which await the conservative action 81
this General Assembly IN amending the law,
/ but which will never be carried out unless
/ some adequate protection 20 investments Is
/ secured.
The following Senators comprise the
subcommittee: r.. Falligant, Chairman;
/ John w Maddox, l.. Johnson, D. A. Rus.
sell, Z. b. Cabaniss.