The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-06-25
CHARGES ON FREIGHT.
The Commissioners Want the Law
Modified,

|
Modified.
ATLANTA, GA, June 24-It was stated
in this correspondence last night that the
railroad commissioners were preparing a
letter to the governor. recommending an
amendment in the law such as might force
the railroads to rigidly obey the rules of
that body in reference to overcharges on
I eight. The letter was forwarded by
| Chairman Trammel to-day. It begins with q
quotation from the president, as follows:
IF any railroad company doing business in
this state, by Its agents or employees, shall
De guilty of a violation of the rules and
regulations provided and prescribed by said
commissioners, aud if after due notice of
such violation, given to the principal
officer thereof, ample and full recompense
for the wrong or injury done thereby
| to any person or corporation as may be di-
rected by the commissioners, shall not be
| made within thirty days from the time of
such notice, such company shall incur a
penalty for each offeuse of not less than
81, 900 nor more than S., 900, to be fixed by
the presiding judge
MODE OF ENFORCING DEGREES.
This" the letter goes on to say, fur
| nishes the mode of enforcing compliance
| with the rules and regulations Of the COM
mission. 1t will be seen that under its pro-
visions no action can be brought to recover
the penalty fixed by the law for the vio-
lation of such rules and regulations
until after notice is given the
principal officer of the rail
| road company, and there is a failure
| on the part Of said company to make ample
| and full recompense for any injury done to
any person or corporation within thirty
| days after said notice. Upon its face this
provision appears to be not only Just, but
hnf ire haa
| convinced US that it is inadequate to effect
| that purpose for which it was intended.
For example,: A circular prescribing GER
tain rates is made and issued by the COM
| mission. The railroad company adopts a
policy OF disreRarding this circular and re-
| fuses to conform It's charges to It,
A LITTLE FROM EACH.
THE amount Illegally exacted.from each
| shipper is small one but swells in the ag-
gregate to a large sum. Probably not
| more than one shipper in q hundred, know
| ing that an Illegal charge has been de-
| manded, makes complaint to the commits
sion. In most cases the overcharge amounts
| to only few dollars, in many it is less than
81. When complaint is made to the conn
mission and notice of the same
,,b, given M .t the .hi railroad co%Pany
by the act. refunds the overcharge, thus
disposing of that complaint, and continues
the policy of disregarding the rate fixed by
the commission. The proportion thus re-
funded is so small as compared with the ap-
gregate amount of those overcharges COL
lected that practically the object of the
circular is defeated, and the rules and
regulations of the commission are
violated. Instances have occurred in our
experience where the railroad company has
adopted this policy, and the result has been
| as we have stated.
WHERE THE ACT FAILS.
"The provisions Of the act referred to are
adequate and proper in cases where the vio-
lations of the orders Of the railroad com
mission are unintentional and mad
vertent, but in cases where these
rules are willfully and persistently
violated In pursuance of a settled policy
adopted by the railroad company it would
seem that more prompt and vigorous
measures to prevent such violations and
punish the same should be provided by the
law. We recommend, therefore, that said
section be SO amended as to author
lie the commission to institute
an action to recover the penalty provided
by the law, without giving the railroad
company notice to make preparation, in all
cases where the commissioners are satisfied
that the violation of their rules and regula-
tions is willful and intentional. 1t Is in
tended, of course, that this power shall be
cautiously exercised by the commission,
and, in cases only where the facts show
plainly that such a course is necessary
TO prevent the railroad company from prac-
tically multiplying the rules and regulations
made by the commissioners in pursuance of
the law.
PROVISION OF SECTION 16.
st is true that section 70 OF the act
establishing the commission provides that
every officer. agent or employe of any rail-
road company who shall willfully neglect or
refuse TO make and furnish any report re-
CURED by the commissioners as necessary to
the purpose required by this act. or who
shall willfuily or unlawfully hinder, delay
or obstruct the commissioners in tho dis
charge OF the duties hereby imposed upon
them. shah forfeit and pay a sum OF
not less than 800 nor mere than $500 for
each offense, to be recovered in an action Of
debt in the name of the state IL can
scarcely be held that this section would
meet the case We mentioned. In order to
release the question Of all doubt and define
clearly the duty of the commissioners in the
premises we think. that an amendment sub.
stantially embodying the suggestions we
have made would improve the law and
| tend to more prompt and satisfactory en-
forcement of its provisions"