The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1896-02-11


commission this bill would proven
them from appealing to the courts q
the country tho tribunals establishe
to decide any such controversies a
may arise.
Mr.. Shuman held that we had all tn
laws necessary now to carry out tn
terms of the proposed bill. He re
viewed at some length the railroa,
law and spoke Of the fact that although
railroads might not Always be just
still the Legislature In legislating 70
the whole people could not in spiri
OF vindictiveness pass such an unjus
and unconstitutional Law.
Mr.. Haselden in speaking in favor
of his bill said that being a plain farm
er he did not feel equal to answering
the arguments of the attorneys wht
opposed him. They argue that the
bill is not necessary. II it is not will
it be hardship on the railroads
Next 1t is claimed they are not allowed
to go to the courts. The Attorney
General Is instructed by the bill to &c
to the courts in order to forfeit the
fscating their property then it is
shown in the courts and the Attorney
General fails in his efforts. The rail
roads have withdrawn their opposi-
tion, but 1t was only after they had to
do 80 and they saw that the people
would throttle these monsters.
Mr.. Haselden then quoted compare
tive figures to show that railroads
charged $17 per car load in this State
when In other Southern States it is
only $l4. The railroads are lodging.
They claim to have submitted to the
terms OF the commission, but as mat
ter of fact the rates are about as high
now as ever before. When it comes to
way whom 1t suits them and another
way when it suits them. This measure
Is only intended to give the commits
sion power to enforce their rulings.
II we don't give them this power why
have the commission and pay their
salary? Why not abolish the COM
mission?
Mr.. Thurmond thought the bill
ought to pass because we need some
radical legislation along this line.
When rates are fixed, the railroads
keep on appealing even to the United
States Supreme Court. What we
want is some prompt, sovereign
remedy. 1t is not intended to keep
now had by them. 1t will only compel
them to come to time quickly andre
spect the rights Of the people.
Mr.. Wyche said he disliked to op-
pose The DILL, but it seemed to him
it was putting too much power in the
hands Of three men. They should have
some court of appeal-say the General
Assembly 1t did not look to him to
be just.
MIR. Duncan said the plan now used
by the railroads was to apply for an
injunction. Under this bill they will
have first to prove that the rates made
by the commission are unjust and will
not compel the State to do SO as at
present.
Mr.. Patton gave it as his opinion as
a lawyer that the roads which did not
put in the rates of the commission
would at once forfeit their charters.
He didn't believe tbesbill was consti-
tutional, but, leaving that out, he
thought it most unjus in that no rule
should be made to apply to corpora
tions chat didn't apply to individuals.
MIR. l.. j. Williams said that he
would never raise his voice against
railroads, but he would not sit here
and see them run roughshod over
South Carolina. 1t was either repeal
the commission or the railroads. Laws
are made for individuals and if they
are outraged they have a right to APP
peal to tho courts. AS he understood
the law it was provided that the rates
of the commission should go into Of
feet and If they could show that they
were unjust they had the right to 90
to the courts.
Mr.. Patton in answer to several
side questions by Messrs. Thurmond
and RainsfOrd said he was not opposed
fn hn ,i,Si 1NI,f IA, Il bN
didn't believe in forbidding the roads
appea ing to the courts, the right al
lowed the humblest negro.
Mr.. Skinner favored tho bill and
thought it gave the railroads all rights
OF appeal.
Mr. Watson said TIE question re-
solved itself into this: Shall the
creator create bigger affair than IT.
self? Ii charters are granted by the
General Assembly should it not have
power co control them :? Ii the rail
roads would recognize the rights of
our commission and our own courts
and not disregard the rights Of the
people he would be willing to meet
them half waJ.
Mr.. Bacot said the object of the
regulate the roads but not to crush
them. But this bill with one blow
would destroy them, II they should
disregard the regulations, and the
roads would have no hearing in tue
courts.
Mr.. Magill called for the previous
question. On vote the House re-
fused to strike out the enacting wold DIS.
MIR. Shuman offered the following
amendment: Amend by inserting on
ino OF section 2, after the word
charter" the following: Provided,
That any railroad against which such
proceedings have been instituted may
prevent such forfeiture by showing to
tho satisfaction OF the court that tho
rates fixed by the RAILROAD commission
are not just and reasonable, and it
shall be complete defense to SUCH
proceeding 10 show that such rates arc
not just and reasonable. The amend
ment was tabled by vote OF 80 yeas {;
noes not counted.
Mr.. Earle moved to amend as fol-
lows: Add after commissioners or
adjudicater to be reasonable and just
/ by a competent court"
I Mr.. Patton offered tho following
/ substitute Unless such rates shall be
| thereafter determined upon appeal to
be unreasonable.
Mr.. Pattons substitute was adopted
by vote of Az to 30.
The bill as amended was then or
dered to its third reading as follows
/ SpcL:nn .Th -, no raj road cOmDany