The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-06-04

Justice Ranevs recent dec in'erplct> The
powers which may b. CONSTITUTIONS. Is eNtfri>e0,
and the delivery OF that Ge ls;aa trN' if''o Tc-
strains the commission within limits which have
been defined a. advisory rather inan aIh'raiE.
The CORRECTNESS of this assumption de
ponds upon what distinguishes an advisory
from an arbitrary commission. Accord
ing to our understanding OF the utter
ances of the Chicago Railway Age, the
New York Railroad Gazette and other
authorities, the distinction lies In the
power to prescribe rates, which power is
not possessed by an advisory commission.
Justice Raney's decision, in our opinion,
does not deny to our commission the
power to fix and establish rates, but linn
its it to the establishment of such rates as
may be found upon investigation to be
"iust and reasonable" The power to pre-
scribe rates is plainly recognized on
page 20 and elsewhere of the official copy
of the decision, which lies before us, and
wherein it is held that the burden of
proof to show that the rates established
by the commission are not "just and
reasonable" devolves upon the railroad
company. On page "a it is held \" Where
a tariff has been fixed by a commission, it
must be tested by experiment, unless 1t
is shown or appears upon its face to
est In the same paragraph, the Chief
Justice says that where there is room for
honest judgment as 10 the established
rates being remunerative, the courts
should not interfere-that is, they should
let the commission rates remain.
There are three features in this decs-
ion which we think should be considered
and understood. The first is as stated on
page 10, that it " is based simply upon
the admission made by the demurrer to
the third plea The State in its de-
murrer admitted that the rates prescribed
for the p. & A. Ry. would not pay ope-
rating expenses: hence the decision. If
the State had not made the admission,
the railroad could have been required to
prove the allegation of fact set up in the
third plea, that the rates were not remu-
lucrative, and, failing to prove this. we
are left to conclude that the decision
would have sustained the Commissioners.
Again, on page l :, it is held that, if the
rates on simply one or several articles are
shown to be unremunerative, it is no
ground for assuming that the entire tar
if is so, nor reason for Judicial interior:
ence in behalf of the railway The rail-
road must show that the tariff as whole
is not remunerative. Hence, in the case
under consideration, wherein the passen
ger rate of three cents seems to be the
only one complained of BY the railroad,
if issue had been Joined on the third plea.
instead Of its being admi tied in the de-
murrer, the railroad wo uld have had to
prove that both the passenger and all the
freight rates were unremunerative; else
the commission rates would have stood.
Secondly, on page Is, this decision is
\. Rv., the only road traversing the ter
rltorv in question The Chief Justice in
Inmates that in the case of several roads
occupying the same territory, his lecis-
ION mi yht be different. Here is an illus
tration: Two railroads run parallel from
here to Ocala through a territory that
cannot support one of them. If the de-
cision is distorted to mean that each of
these roads is to be permitted to charge
rates that will more than pay their oper-
atlng expenses, it will amount to a whole
sale contiscation of private property and
result in the total ruin of the country.
Such a construction and apple alton Of
the decision would be simply mpnstrous,
and the Chief Justice tried to guard
against it.
Finally, on page u, touching tie part
land grant may play in the matter of
fixing rates, the court holds that a grant
given for The purpose OF aiding road 10
pay operating expenses may - pea le
in support OF rates fixed To The commits
sion. This applies directly to the Flo
ila Sou hern, who's gran. WAS made IN
terms to aid it in building aul opera
ting" its lines: Tint i, - ilcmnity i.
against losses in running ;hrcugh IN m
profitable territory: and though il mtr
not be 50 stated il the ca~c> ot other