The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-05-28
The Supreme Court and the Rail.
roads.
Leesburg Leesburger.

The late decision of the Supreme Court of
Florida 10 the case of the p & A. r. r. Co. VS..
the State, has been announced in some of the
railway organs of the State as great triumph
for the railroads. 1t is to be deprecated that, in
peaceabe contests of this character where vast
interests are at stake and new questions in
courts of justice for settlement, the success of
either party should be heralded as a triumph
over the other. The effect of such language is
to irritate, and in this case not only to irritate
the producer, but to alarm him.
Every sensible man in the State knows that
the question Of railroad tariffs is one which is
causing the most anxious apprehension of both
the shippers and the railroad peopIe-the latter
Claiming that the rates are too low for remuner
alton to the railroads. and the former that they
are too high for remuneration to the producer.
These two classes OF people occupy to each
other relations 50 mutually dependent and so
intimately connected with the public prosper
ity, it would seen to be the plain dlty Of the
press to bring to the solution Of their differences
every resource of judgment, canlor aad fair
ness.
A copy Of the decision of the Supreme Court
above referred 10 is before us; and without
pressing any opinion upon the correctness of the
principle established in this case, we do not see
that It affords occasion for the flourish of trum
pets on The part of the railroad people, or for To- SIS
OF heart on the part Of the producer. As we ul-
derstand il, the court holds that the rates pre-
scribcd by the railroad commission are only
"prlma face reasonable, and that where plea
states that under the operation of the total
freight and passage rates prescribed for this par
ticular road, the road cannot pay operating ex-
penses, the effect of the enforcement of the rates
would be to destroy the property of the railway,
take its property without just compensation and
be unconstitutional and that demurrer to such a
plea ought not to have been sustained by the
court below.
The court does not decide that the facts set up
in the plea are true but leaves that question to
be determined upon evidence. 1t says
Upon an issue being joined on thi. plea, every
source Of income Of the railroad company can be
inquired into, the necessity and reasOnabeness o.
every expense investigated and settled 1t is not
as matter of fact, 10 be presumed, outside the
admission Of this demurrer, that the COM
missioners would Impose upon this railroad a
rate of three cents under the circumstances indi-
Gated by the plea, il they thought, considering
also the rates of freight adopted by them, that
the company could not pay its operating ex-
penses without charging at the passenger rate it
it has charged in this case. Under the statute
the burden will be upon the company to make
out prime facie case sustaining its plea before
the State will be called upon to introduce anv
evidence; and if this is done by the company
the State must then, through the instrumentalit,
OF its commissioners and any other proper means
Itch th1i Of
sioners in fixing the schedule of passenger and
freight rates, against the arraynment which the
company has made OF them in its third plea
The court is very particular to limit this decision
to this particular Casa case in which only
one railroad t-averses the territory in question"
through sparsey populated country affording
the only direct means Of transp ,rtatiOn from
West to Middle aud East Florida. They are
particular to say:
Whether under the general law for the incor-
peratiOn of railroads. like Ours, where there is
practically no restriction upon the number Of
railroads that may be built and operated the
construction of additional roads in a section of
the State already amply supplied with suchlrans-
pOrtation facilities, would present a case in which
the exac;iOn of prohibitory or otherwise Cnerous
rates may be prevented though it result in an
mpossibility for some or all roads to make
fore us. And further: In view OF the undevel-
Oped state OF the law, each case must be decided
upon its facts as it arises.
Justice Raney has brought to the preparation
of this decision his great ability and usual re-
search. He is dealing with vast question and
one growing in vastness every day. Every line
betrays prudence and candor and homes pur-
pose to do justice. He limits the application
OF the principle decided to this particular road,
occupying somewhat peculiar position in the
State and leaves the question Of the reasonable
ness OF rates upon other roads working under
other conditions to be determined upon the facts
OF each case Nor indeed, even.in this case. are
the facts determined. These are lett TO he tried
by the court below with the burden of proof
upon the railroad company
We are preaching crusade against rail
roads. We recognize the fact that thew are use-
full adjunctsto our civilization andjwe would,like
to see harmonious and mutually beneficial rea>
tons existing between them and the neonle
We do not believe that they, or their partisans
are dong wise or proper thing in proclatming
triumph upon occasion of this decision II
by asystem of unjus rates 30 high that the nro.
Queer alter paying them, is left no decent re-
ward for his labor; if they shall combine to on.
press. extort and exac:-if the Just demands If
The people are to be met with arrogance and
contempt they may naturally expect resistance
proportloned to their misconduct. and the enact.
ment and enforcement of laws severe enough to
loo tc0 l. =.