The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-11-29
NEWS OF A DAY IN
GEORGIA'S CAPITAL
LAW is CONSTITUTIONAL
UNDER WHICH THE RAILROAD
COMMISSION EXISTS.

The Railroads Fighting the Reduc-
tion of Rates as Proposed Under
Circulars 3O1 and BOZ Withdraw
Their Allegation of UncOnstitu-
tionaIity-Act Establishing the
Commission Was Re-enacted ana
no Question of LeGaIity-Evidence
in the Case To-day.
Atlanta, Nov. 2S.-The hearing of the
injunction suits brought by the var
ious railroads of the state to prevent
the enforcement by the Railroad Com
mission of the reduced rates in cir
culars 301 and 302 was taken up in
the United States court before Judge
Newman this morning.
1t was decided to treat as one case
the bill of the Central Trust Com
pany of New York, the cross bill and
the amended bill of the Central of
Georgia Railway Company. All of
these documents were read to the
court, and Judge Hart for the COM
mission was in the midst of the states
answer when the court adjourned I'M
til tomorrow.
The feature of the day was the aban-
donment by the railroads, announced
by Col. Ed Baxter of Nashville, of
the point made in the amended bill
that the Railroad Commission is oper-
ating under a law which is unconsti-
tutional 1t has been commended that
the act of 1879 creating the Railroad
Commission was unconstitutional be-.
cause its body contained subject mat
ter not indicated by the title. 1t was
shown, however that the entire act
was re-enacted in the code of 1895;
hence. the roads decided not to con-
test the legality of the commissions
existence.
The state in the answer claims that
no attempt has been made to penalize
the railroads for refusing to lower in
terstate rates, but that the commits
sion's only object was to promulgate
rates that are Just and reasonable, as
shown by circumstances now exist
ing.
Evidence will be introduced to-mor-
row.
The Vote of Georgia.
Announcement of the official vote of
Georgia was made to-day by procla-
nation of Gov. Terrell, giving the vote
received by each candidate for elector
for President and Vice President. Fol-
lowing is the highest vote received
by any elector on each of the tickets
I'm the field: Democratic, S3,472; Re-
publican, 24,003; Populist, 22,635; Pro-
hibitionist, 6s4; Socialist, 1877.
The Republican electors at large led
their ticket, the other electors receiv-
ing in some instances less votes than
the Populist electors.
The total vote for Parker and Davis
was more than 10000 less than the to-
tai Democratic vote for congressman,
which went above $4,000. The DEM
ocratic electors will meet at the
Capitol on Jan. Q, and cast their ball
lots for Parker and Davis.
Building Pleased Roosevelt.
President Roosevelt was very much
pleased with the Georgia building at
the st. Louis Exposition. So says
President David r. Francis of the ex-
position company in the following tele-
gram, which was received by Gov.
Terrell to-day: st Louis, Mo-, Nov.
q, 19o4.-Hon. ]. NJ. Terrell, Governor
of Georgia, Atlanta, Ga: Presidents
visit to exposition yesterday greatly
enjoyed by himself and appreciated by
exposition management, and the peo-
pie who welcomed him in large num-
bers. He saw and admired Georgia
building and expressed great gratif-
cation at participation of your state.
David r. Francis, President"