The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-11-12
THE FLORIDA RAILROADS.
PAY LITTLE ATTENTION TO Or
DERs OF RAILROAD COMMISSION.

Best They Can Under the Law, But
the Law Does Not Appear TO be
wise One-sOme of the Troubles
the Commission Is Having-PrOba-
biIity That the LAW VIII BE
Changed SO That Something Can
BE Accomplished.
Tallahassee, Fla, Nov. lit IS getting
to be generally conceded in this state that
the Florida Railroad Commission is so top
heavy with powers granted to regulate the
operation Of transportation companies
powers which experience has demonstrate
ed cannot be enforced or upheld in the
courts-that 1t is an utter failure-worse
than useless to the people Of Florida, and
practically sure to be abolished when the
next Legislature meets. The fault lies
not with the commissioners themselves,
who have done everything in their power
to carry out the provisions Of the law ere
ating the board, but in the fact that those
powers seem certain to have overstepped
both the state and the federal constltu-
tons.
The Legislature of 1881 created the Rail-
road Commission and attempted to give to
it extraordinary powers. Some of these
Of freight and passenger tariffs
for the observance of all COM
mon carriers doing business in the
state, over their respective lines and con-
meeting lines, and prevent unjust discrim-
ination therein; to make rates and regula-
tions for handling and exchanging cars; to
require the establishment of suitable
freight and passenger depots; 10 regulate
schedules for the running of trains; to
regulate and control all union depot COM
panies, whether owned or operated by any
railroad in connection with its main line
or by a separate company organized for
that purpose. and to require the admission
into such union depots of any railroad
which might desire to enter, and compel
the owner of the depot to furnish TO the
new tenant equal terminal facilities; to
compel two or more roads entering a town
to have a common depot to regulate
charges for storage, wharfage and de-
murrage; TO create basing or rating points
where two railroads meet or other compe-
tition exists, and numerous other powers.
"A soon as the commission was organ
lied In 1897, it proceeded to do the several
things directed by the act, and the rail-
roads just as carefully and as cheerfully
ignored every order It made. The situa-
ton came 70 a stand-still. The commits
SIGN could do nothing more. and the rail-
roads would do nothing. When the Leg
islature of 1899 assembled, the commission
asked for relief, and the Legislature re-
sponded by attempting to confer upon Ii
full judicial powers, whereby 1t might
make orders and enforce them by due
process Of law.
Here was indeed a new departure-a
business department of the state govern
ment conducted by three men, neither one
7 OF whom was ever trained In the law, given
full powers of court of law in certain
prescribed classes of cases, but without
any appeal being provided from its orders
and judgments to any of the ordinary
courts, not even to the Supreme Court of
Florida. 1t was an experiment, and the
experiment has not worked well. 1t was
knocked out in the first round-the first
time the new court attempted to exercise
the powers granted it. When the commits
sion made an order requiring the Jackson
Vile Terminal Company to admit the new
Atlantic, Valdosta and Western Railroad
to Its Union depot in Jacksonville, and
grant it equal terminal facilities with the
other roads entering there the Terminal
Company refused to obey, and the commits
sion applied to Circuit Judge Call of Jack
sonville, for a mandamuS TO enforce the
order. Judge Call denied the application
holding, as one ground for his decision,
that the proceeding was in reality one of
condemnation of land, and condemnation
can only be effected as is prescribed in
section % of article XVI of the State Con-
| sutution, "by a jury of twelve men in a
court of competent jurisdiction" The
Railroad Commission has been given no
| power to summon jury. An appeal from
| Judge Calls decision was filed in the
! Supreme Court on the 9Th inst but among
| disnterested lawyers the belief is very
strong that Judge Calls ruling will be af-
| firmed.
The other large class of cases in which
| the Railroad Commission has sought to
| exercise the power attempted to be grant
l.xr4 sfeN~
/ rates of freight and passenger tariffs The
/ commission made up the schedules of
/ rates promptly enough, but the railroads
/ again chose to pay no attention to them,
/ except to file formal protests against them
and so ahead charging their old rates. Tn S
matter of rates, 1t is true, is stil pending
! In the courts, but Attorney General La
| mar has stated in formal public report
| that he does not believe the commission 5
| schedules can be enforced
This is due largely to the fact that of
| all the railroads of Florida, only one of
any considerable size and importance-the
| Florida East Coast Ra lWay-has its line S
entirely within the state, and if the three
| systems which the commission seems s.
/ pecially anxious to handle-the Plant Sys-
| TEN, Florida Central and Peninsular, and
| Louisville and Nashvile-attempted 10
keep their lines within Florida in opera
| ton from passengers carried and freight
alone, they would have been compelled 10
suspend those lines long ago. II is the in
| terstate business Obtained from those lines
! which makes them self-suppQrting, and
the Supreme Court of the United States,
| in the case of Smyth VS.. Ames, decided
last year and reported in 1863 United States
reports, page 466-a case in which Mr..
| William Jennings Bryan was of counsel
thus lays down the principle which must
govern the Railroad Commission of Flori-
da, as of all other states, in such cases:
| THE reasonableness or unreasonableness
/ of rates prescribed by state for the
transportation of persons and property
wholly hin It's limits must be determn-
ed without reference to the interstate bus
mess done by the carrier, or to the profits
derived from that business. The state cam
not justify unreasonably low rates for do
nestle transportation, considered alone,
upon the ground that the carrier is earn
ing large profits on its interstate business
over which, so far as rates are concerned