The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-07-09

The act further provides that no part of the
money collected from individuals. and to be
held in trust as aforesaid, shall be retained by
the United States as a set-ofR against any in
debtedness alleged to exist as against the state
in which such tax was collected
All claims, as provided by this act, must be
filed with the governor of the state within six
years after the passage of the act, March 2.
1891. or be forever barred, and the money at
trlbutabe thereto shall become the property OF
the state.
The books of the commissioners for the
state of Georgia are in cha-gs of the treasury
department at Washington.
If the strust is accepted the state will need
transcripts OF these books SO that when the
money snall have been collected and deposited
as separate trust fund in the treasury of the
state, II can be properly distributed under
law to be enacted for the proof of claims.
Without expense to the state. have made
some examination into the work to be done, to
obtain such information as will be necessary to
the proper distribution of the fund The work
involves careful painstaEing labor. The name
or each taxpayer, amount paid, time of pay
ment, county and number of district in which
each taxpayer lived, should appear. These
facts must be taken from the stubs of
the receipt books by counties
and the names, amounts, etc, so copied. com
pared with the digests, and the additions made
to show that the receipt stubs for each county
and digest for same agree, both as to names
and amounts assessed and collected. Then it
must be seen that the total amount collected
from the state agrees with the amount assessed
according to digestS.
The extra care and labor in doing this work
is made necessary by the fact that many errors
have been discovered in the accounts made by
the commissioners in making out their books.
The work is more clerical than otherwise yet it
requires very intelligent direction.
RAILROAD COMMISSION
The railroad situation in Georgia demands
the careful study and prudent and prompt
action OF the general assembly.
II Is well understood that the constitution of
the state has conferred upon the general as
sembly the power and authority TO regulate
railroad freightS and tariffs, to prevent unjust
Determinations and require reasonable and Just
rates Of freight and passenger tariffs and that
the general assembly have enacted such laws
as, IL their wisdom. sustain the interests of the
commonwealth.
Changes are constantly taking place. how
ever, that demand, from time to time further
legislation TO protect the people of the state
from burdensome and unjust rates of freight.
When the stock of railroad corporations is
held by citizens of this state, those who are
Immediately and personally interested in the
development of the states resources, very much
might be properly left to such corporations
themselves, because Of interdependent or
mutual relations. If it should be true that the
railroads OF the state are in any large or con
trolling measure, owned and operated by per
not identified with the interests of this
state, then the profits become merely Specula-
tive. ANY road beginning and terminating in
side the stats limits must depend absolutely
for its maintenance upon the development of
resources along its line The management,
therefore, cannot afford TO ignore or destroy
these local interests, The moment the corpora
ton is extended across the border it finds other
resources and other business connections out
side the state. and, under our interstate laws.
puts itself beyond the authority Of our states
control, and In position to make demands for
freight rates that are unjust, burdensome and
oppressive.
The situation is especially TO be considered;
the more the roads of the state are brought
under one and the same control and ownership
having the effect ito defeat or lessen competi
ton in their respective business or to encourage
monopoly" just this condition now obtains in
Georgia large number of the most impor-
tant roads in the state have come under one
management. They have interstate connec-
tions, and, being owned largely for speculative
purposes and not for the permanent develop
ment Of the state, the interests of the state de-
mand that the people shall be protected against
unjust and oppressive rates.
This whole subject should receive the careful
investigation of the general assembly. | earn
estly recommend such legislation as will prevent
unjust Determinations and oppressive rates
In this connection desire to call your atten-
ton TO the accompanying communication from
the railroad commission recommending certain
changes in the law:
RAILROAD COMMISSION OF GEORGIA,
ATLANTA, June %, 1891.
His Ercellency w. j. Northen, Governor, At
luntd, Ga:
SIR-By the act establishing the railroad
commission OIL approved OCt. Ia, lSt y,
it is made the duty of the commissioners ap-
pointed under said act ito recommend from
time to time such legislation as they may deem
advisable under the provisions of this act
In obedience to this requirement we deem it
our duty to call attention to what seems to be a
defect in the present law.
Section No. of the act referred to is as fol.
lows:
SEC TX. THAT if any railroad COMPANY
doing business in this state by its agents or
employees, shall be guilty of violation of the
rules and regulations provided and pre-
scribed by said commissioners; and
if, after due notice of such violation given
to the principal officer thereof ample and
full recompense for the wrong or injury
done there by to any person or
commissioners, shall not be made within
thirty days from the time of such notice such
company shall incur penalty for each ofTense
OF not less than $1,000, nor more than SIS, 0O0
to be fixed by the presiding Judge An action
for the recovery of such penalty shall lie in
any county in the state where such violation
mas occurred, or wrong has been perpetrated.
and shall be in the name of the state of
Georgia. The commissioners shall institute
such action through the attorney general or
the solicitor general. whose fees shall be the
same as now provided by the law"
This section furnishes the mode of enforcing
compliance with the rules and regulations Of
the commission. 1t will be seen that, under it's
provisions. no action can be brought TO recover
the penalty fixed by the law for the violation of
such rules and regulations until after notice is
given the principal officer OF the railroad com
pany. and there is a failure on the part of the
company to make ample and full recompense
for any injury done to any person or corpora
ton, within thirty days after said notice
Upon its face this provision appears to be not
only just but ssiiicient; but its practical opera
ton has convinced us that it is inadequate to
effect the purpose for which it was intended.
For example a circular prescribing certain
rates is made and issued by the commission.
The railroad company adopts policy of dsre-
garding this circular and refuses to conform it's
charges TO it. The amount illegally exacted
from each shipper is a small one, but it swells
in the aggregate to a large sum.
Perhaps not more than one shipper in q
hundred, knowing that an illegal charge has
been demanded, makes complaint to the COM
mission. In most cases the overcharge amounts
to only few dollars; in many it is less than ST.
When complaint is made to the commission,
and notice of the same is given, the railroad
company, within the thirty days allowed by the
act refunds the overcharge thus disposing Of
that complaint, and continues the policy of dis
regarding the rate fixed by the commission.
The proportion thus refunded is 80 small as
compared with the aggregate amount of these
overchargeS collected, that practically the OBJ
ject of the circular is defeated, and the rules
and regulations of the commission are vio-
lated. Instances have occurred in our ex-
parience where the railroad company has
adopted this policy, and the result has been as
we nave stated
The provisions of the act referred to are ade -
suate and proper where the violation of the or
territorial and inadvertent, but, in cases where
these rules are wilifully and persistently vio-
lated in pursuance OF q settled policy adopted
by the railroad commission IL would seem that
more prompt and vigorous measures to prevent
such violation and punish the same should be