The Birmingham age-herald., 1902-08-03

for such transportation more than just compensation therefor. or demands more than the rates specified in any bill of lading issued for such freights, or who, for his own advantage, or for the ad- vantage of any connecting line, or any person or locality, shall make any unjust discrimination in such transportation, against any individual, corporation or To- cality, such overchaIge or discrimination to be determined by the Jury, Is guilty of extortion, and Is liable to the party in- jured for double the damages sustained, and a reasonable attorneys fee for the recovery thereof. unless It appears that the service as to which the extortion was committed. was performed at rates or upon terms previously approved by the railroad commissioners, and then only to actual damages without such attorneys fee, to be recovered in a court of com- petent Jurisdiction of any county in which the person or corporation operat- ing such railroad does business. by an action commenced within ninety days after such cause of action accrues If the plaintiff fails In any such suit, and it appears on the trial that the rates or terms complained of are not higher than those previously approved by the railroad commissioners, he must pay the cost of the suit, and also a reasonable attorneys fee to the defendant for defending the
 
 determined by the court or jury trying the cause"
 ''S46l What Evidence that Rates are Not Extortionate.-In such suit, the fact that the rates or terms, in respect to which the extortion is alleged had been previously approved by the railroad com missioners, is prima facie evidence that the same were not extortionate; nor shall any rate or charge for the transportation of freight over any railroad be held or considered extortionate or excessive, if In the absence of any unjust discrimina- ton, 1t appears from the evidence that the net earnings of such railroad for trans porting freights, on the basis of such rate or charge, together with the net earnings thereof from its passengers and other traffic, does not amount to more than fair and Jusc return on the value of such railroad, its appurtenances and equip ments..'
 Attention is also called to Section 555O of the Criminal Code of Alabama, which is as follows:
 ''5S50 Extortion by Railroad.-Any per son or corporation operating railroad, who commits extortion in transportation charges, as defined by law, must, on con viotion be fined not less than ten, nor more than five hundred dollars.'
 An examination of the sections of the Code above quoted will show that the Railroad Commissioners of Alabama
  railroad in the State within six months If they saw proper to do so.
 The Georgia Railroad Commission Is
 Appointed By the Governor and
 Confirmed by the Senate, the
 Same as in Alabama.
 My friend Conner seems to have had an idea all these years that the way of doing things in Georgia was about as nearly perfection as could be obtained, and yet he does not seem to be as well up on the history of the Georgia law as he thinks he is. They do not elect the Railroad Com missioners in Georgia, but the Railroad Commissioners of Georgia are appointed by the governor and confirmed by the senate, just exactly as is done in Ala bama.
 At a recent meeting of these Birmng- ham politicians numerous resolutions were adopted. from one of which 1 quote as follows:
 We rejoice that the fight is to be made upon facts which will show that the peo- pie of Georgia nave a railroad commis- sion elected by the people and under their pay. etc, etc"
 1t is interesting to read, in connection with this and similar incorrect state ments made by these gentlemen, Section 21s5 of the Code of the State of Georgia, which is the law of the State of Georgia,
 
 is as follows, to-wit:
 ''21S5. Commissioners, Appointment Term and Salary.-There shall be three commissioners appointed by the govern or, with the advice and consent of the senate, to carry out the provisions of this Article. of whom one shall be of experi- ence in railway business After the ex- piration of the terms of office of the commissioners first appointed, the term of office of successors shall be six years; but at the first appointment one commIs- sioner shall be appointed for two years, one for four years and one for six years. The salary of each commissioner shall be twenty-five hundred dollars, to be paid from the treasury of the State.'
 Rates of Transportation Not Lower
 in Georgia than in Alabama.
 It will be noticed that in all the com munications and statements of MT. Com CT and his crowd, TO specific statement is given showing that the rates in Georgia are lower than the rates for similar serv- ice in Alabama. Only general statements are made; no special circumstances are set out showing what the rate Is on any particular road, and, therefore, there is no way of specifically answering these general charges. except to state the facts. which are beyond controversy, that there are very few roads in Georgia that have the same rate of freight That while there is what Is known as the standard rates in Geol gia, the so-called stand ard rates are applied on only three roads the mileage of which is unimpcrt- ant One road charges the standard tar if plus 10 per cent; three roads charge the standard tariff plus 25 per cent; fourteen roads charge the standard tar if plus 20 per cent, and all other roads in Georgia cherge the standard tariff rlus 50 ger cent. The variations in the rates on these different roads are mado necessary by the different conditions W bich govern the traffic of the various roads, and it is proper that such condi- tions she uld be taken into account in ad- justing the same.
 No Discrimination.
 The ratea are not the same or all fha