The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1888-11-27
,,5sd from Second Page.)

,rr.nder the right to ex rcise the
= does NOV sasnuled; but that 1t is power
sss, is no' ' NAV folego exercising, and when
.Iegisls.u: :, leaves its exercise 10 some other
sss tba', ;: ID hy its law to ACT, to wit, the
J ocy au''o' II many Instances this is done as
noslion' "a a for the company before us it is
n rates o." &C. the maximum passenger rate.
excel" ." and fixing O. rates therefore, is
rgIliau nhla exclusive function OF the L"g
% ina',. a1 i, il my leave that to the cor
are A"u may il not delegate it TO a differ
sion, WI" T.e nub.ic interest involved is the
body mar reached by tne corporation, or by
s.,yisory Comm'sso,,';. ,,oo,os,;o,
fe sre "" a.en almost entirely from An act of
sci y Georgia. In the case of the Geor-
Sse =, o, NJ. vs. Smith ct al, 70 Geo, 694
Rslo',,rn tionality of the latter act was AT
eans", an this subject OF the delegation of
Ssd auu The Commission was held not to be
hony. ,,,onal. The Georgia constitution,
pns'' ,ov, authority to the Legislature 10
oufs t' B, the former the constitution
rse nnon the LEGISLATURE the power OF
rlcl,vr railroad relghts and passenger tariffs,
lus.;n ps unjust determinations, and reqnlr-
rVen'n hle and lust rates OF freight and pas
ressouiiF" BY ours, The Legislature is
Inget 9TH full power TO pass laws for the cor
I'esFu = shlses and 10 prevent unjuai dscrlml-
Fclon :. excessive charges by persons and cor
sVOa "a ..ed AS common carriers IN trans
OrallOD, osrs',ns and properly, or pertaining
o'hng .s ices of public nature; and shall po
E1eI seooforcing such laws by adequate penal
ss suu s no material difference. The court
D''; - onipon in the case cited above that " i,
."lr was not contemplated that the details
aa .. ~ he fixed over the many miles of rail
~ THO State, should be settled and deter
y nv the legislature. The many Influences
'.mhine 10 cause changes IN the ever vary
..;,s;rni les of trade and travel were neither
,'oLaa nor forgotten by that body. the ut
;mnossbilltvo OF preparing by the Legislature
add nroner schedules for the various rail
!, 9th their differences Of length, locality
business, appears to us to be so clear AMI
.;s., As That to have entertained it would
.ahseu alb ,olutely absurd. And especially SO,
',i; il remembered that schedules just and
" where arranged for the months OF winter,
=, he ruin pusy unjust and wrong for the
s.,bs Of summer; or that such AS were pro
r,,he yea of the meeting of the General
xmby nigh the succeeding year well nigh
Stnn every railroad corporation in the
:" Tllev Us savannah, F. & W. R'v Co. ct
Woods. 421, the slme question As 70 the
s,,inionalily of the Georgia act was passed
an The court discussing m Dre fully the subject
dsersIon of authority to the Commission to
r,le, AMI reaching the same conclu,iO !.
,oss,ns given are on the line of those in the
km,s case TnuS: 1.-THE fixing of just and
s.ooabe maximum rates for all the railroads
~. a. ri, Iva
ramel bv Inc Lr.isl iturc. unless il remain in
E,pru. session AMI devote a large p,ition of
Mf,rto is performance The question what
st and rei-on.be rates, j. one which pre-
sdlhrent phascs rom month To month, upon
Err road in The State, and in reference to all
nnumerihle Articles and products tiIal are
suhieci Of transportation. This question
l. only BE- satisfactorily solved by "a board
srh j, in perpetual session. and whose time is
rly given 10 the consideration OF the sub
"Itis obvious tha, - require the duty Of pre-
rang rates tor the railroads Of The State To be
armed bv the General Assembly, consisting
Senate. with forty four mcm 'ers, and
me Of REPRESENTATIVES, win one huldred and
|faty-fye, and VIII Oh meets in regular session
X once in twn yel>, and t!eD only tor y pc
bi OF forty DAYS woaA result in the most i'll
1yi,ea aud hsphaZ1r schedules, and D, pro-
pctye OF the greatest Inconvenience and inl IS
e., IN me c,sc~ 10 the railroad companleS
f n o'hrl' TO In peaple o the STATE. l. is
bprac cable Tor such body to pr',crib- ~
b reasonable rates To INSIST that This ia
rsi be performed by HE General Assembly, IL
y Is 70 def a tne purpose nl ht caus: Of the
nS'ilt on uater con liberation"
Iad"' = Mississippi Statute, creating Com