The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-21
The Commission VS.. the Railroads.

worth of his goods but says that is not |
over half what is missing.
The Commission VS.. the Railroads.
From Newman (Ga.) Herald and Advertiser
When the constitutional convention OF
1877 adopted a resolution providing tof Ine
creation of a railroad commission IN ms l
state, 1t was understood that ~ Woulu Do
invested with authority to equallze falts
on passenger and freight trafnc. ana 10
prevent unfair and unjust dlscIlInll4-
ttOns in applying these rates We are sat
isiied that the trainers of the constitution
did not contemplate any exercise OF au-
thority beyond the limits thus indlcaoefu'
and that this was the spirit of the resolu-
ton bearing upon the subject we nave ~
doubt We think il may be safely claimed.
moreover, that the spirit and purpose OI
the legislative enactment subsequently ue-
Vised to carry the resolution or the con-
vention into effect was quite as conseFVa-
| tive in its object.
and the commissioners were installed N
| office, it became evident that the people
| looked upon it as a speciaily-created pow
/ er for the protection of their interests, ana
| the final arbiter in all disputes where the
| people were in complaint against the ran
| roads Nor is it going too far 70 surnlSe
| that in nine cases out OF ten, the peoRle
| have expected partial rulings from the
commission IN the adjustment OF tnelr p
| grievances. How seldom they nave pee t
| disappointed in this expectation is pest
shown by the records on file in the office Of
| the railroad commission. IT.. 80
| the matter which we have undertaken
| here to discuss, and that is the enormous
| power assumed ny tne TallIoau ...1 a. IA
| sion in determining what are Jus anu
| reasonable rates, as applied 10 fallTodu
| traffic. and in then forcing the railroad
| to adopt the rates that it may from time
| 10 time prescribe It avais nothing that
| the railroads have the privilege OF ap-
| pealng to the courts. In all such cases
| there are in reality but two questions OF
| Importance presented for Adjudication
| the eQuitableness of the rate prescribed
| by the commission, and the authority OF
| the commission to impose such rate. With
| out technical knowledge or experience IN
| the management of railroads, 1t IS oD-
| viously impracticable for the courts to de-
termine whether a rate prescribed ny
| the commission is Just and reasonable
| or not, and it is passed over as being
| matter of detail belonging more properly
| within the province of the commission
| The other and more vital question, as to
| whether the commission has the power to
| fix rates. is invariably decided in the al
| frmative, because the statute has been III
| terpreted to mean that it has such au-
| thOrity. AS a consequence, the railroads
| have no recourse in law, and no hope Of
| relief from the commission. In effect,
| our courts have held that there is but
one tribunal in the state competent to
| determine whether a rate be just and
| reasonable and that tribunal is openly
| at variance with the railroads on the very
| point at issue
This arbitrary policy of the railroad com
| mission was illustrated only few days
| ago. The commission notified the rail-
|
be reduced 20 per cent. While the rail-
roads were allowed the privilege of being
| heard before the rate was put into effect,
yet all the argument that they could bring
to bear on the subject went for naught.
The commission was of the same opin-
ion STILL" and has since put the rate into
effect.
In this instance the ruling of the COM
mission will entail upon the railroads a
loss of $4,000 per annum in freight re-
ceipts, while the advantage that is ex-
pected to accrue to the farmers by re-
ducing the cost of their fertilizers is SO
trifling as to be scarcely worth comput-
ing. There was no demand from the con-
sumers for a reduction and no complaints
| of overcharSe on shipments of this char
acter, so far as we have heard. The ques-
ton of lower rates was brought up at the
instance of half dozen fertilizer dealers
of Savannah and Charleston, who are
seeking to crush out smaller dealers in the
interior of the state, in order that they
may again enjoy monopoly of the ferti-
lizer trade in Georgia as they did
that time, when the coast dealers had
I | no competition in the Interior prices were
so per cent higher than now, and no COM
plants were heard from them in regard
to freight rates. 1t the Savannah and
| Charleston dealers succeed in driving the
smaller fertilizer concerns of the interior
out of business, as they are evidently try
ing to do, the small saving that is prom
ised the consumer from the reduction in
rates which the railroad commission has
Just ordered, will be more than offset by
4. the increased cost of their fertilizers and
this cost will continue to increase each
season.
1t is not worth while to discuss the ac.
ton of the commission as a business pro.
position; it is so manifestly unjust to the
railroads as to amount to a hardship. The
most serious phase of the matter is the
extraordinary power arrogated by the
| commission in its trea tment of the rail.
roads. If the commission is authorized by
law to curtail the earnings of the rail.
roads of Georgia to the extent of 500 09(
per annum by an arbitrary decree from
which there is practically no appeal, what
may it not do next? Is it the policy OF
the commission TO continue it's crusade
! against the railroads with view to keep.
ing them in condition of perpetual bank.
ruptcy?
AS originally designed by the constitu.
tion we consider the railroad commission
a necessary institution in this state and
1t should stand always as a bulwark OF
| protection between the railroads and The
| people; but it can at all times protect the
interests of the people without bearing
too heavily upon the railroads., and this
is what it should do.
1t is wrong, morally and judicially
wrong to pander to the prejudice against
railroads, with no higher purpose thar
! that of popularizing the commission OF
the individual members of that body. Con.
siderations of political character should
have no weight in determining the euui.
ties of a difference in which the railroads
; are invariably forced to assume the de.
! fensive.