The Brunswick news. [volume] (Brunswick, Ga.) 1901-1903, 1902-01-28
THE 8. & 3. DECISION.

case Of the Brunswick & Birmingham
vs. the Plant System and the South
ern, is a sweeping one and the plain
tiff company has won a signal victory.
The decision covers every item. 1t
is plain and to the point. In part it
says:
"The Commission having had under
consideration the above entitled com
plant, after hearing all of the evil
dence submitted by the respective
parties, and the argument of counsel,
reaches the conclusion hereinafter
stated, and in reaching the conclu-
sion as stated, finds the facts TO be as
fellows:
"The two railroad companies named
as defendants In the complaint filed
In this case maintain their lines Of
railway along Bay street, in the city
of Brunswick, in this state, under CON
cessions made by the Mayor and Coun-
ell of said City to the Brunswick
& Albany Railroad Company. and the
Macon & Brunswick Railroad Compa-
ny, which concessions were expressed
in resolution adopted by the City
Council on the 9Th day of January
1870. The defendant companies have
acquired the franchises, and along
with the franchises the concessions
in question which were granted to the
Brunswick and Albany and the Macon
& Brunswick railroad companies; the
Brunswick & Western Railroad Com
pany being the successor to the
Brunswick C Albany, and the South
ern Railway Company being the sue
cessor to the Macon & Brunswick
railroad company.
In granting to the saidtwo railroad
companies the right to construct their
several lines Of track along Bay street,
it was amongst other things provided:
THAT all owners or persons doing
business on the wharves along the
entire water front from the head
OF Bay street to Dennis Folly shall
have the privilege Of making connec-
tions. by rail, with the track on the
Western side of Bay street and the ex-
tension thereof, such connections to be
made under the supervision of the
proper officers Of the said railroad
companies, and the same to be plac-
ed and kept in such condition as to af-
ford convenient and safe crossings at
all points,
THAT the said railroad companies,
whenever so required, shall receive
and deliver all freights, of whatever
character. when the same amounts to
carload or more. on such wharyes
as shall have made the said connec-
ton"
That the said railroad companies
shall receive and deliver at some CEN
trail point. to be selected and agreed
by the Mayor and Council,all freight
the said railroad companies, all freight
in smaller quantities than a carload,
when the same shall not have been
consigned to wharves, with which the
said connections shall not have been
made.
THAT the said railroad companies
shall not, in any manner whatever,
discriminate in favor of or against
any person doing business within the
city"
1t finds that the conduct of the de-
PENDANT companies as complained of
in the petition filed in this case is in
direct violation of rule SO of the Com
mission and amounts to an unjust dis
elimination against the complainants.
1t is therefore
ORDERED; That the defendant
companies discontinue the discrimina-
lions complained of, and that unless
on or before February 10th, 1902, the
Commission is advised that the said
Southern Railway Company and the
said Brunswick & Western Railroad
Company have discontinued the un.
Just determinations complained