The Brunswick daily news. [volume] (Brunswick, Ga.) 1903-1906, 1904-11-30
ATTACK STOPPED
ON COMMISSION
Railroads No Longer Con.
tend That it is Illegal
ly Constituted
FREIGHT RATE INJUNCTION
he Case IS Now up for Hearing in
Atianta-Brunswiok Attorney In
terested in Case, Represent.
ing One of the Railroads.

ing One of the Railroads.
Atlanta Nov. 29.-The railroads
Which are fighting in the United Stat
es court to prevent the enforcement
of the reduces rates PROMULGATED by
the Georsia railroad commission in
circular 3Oi aud 3o2 announced in
court yesterday when The hearing on
lie injunction suit was resumed be-
fore Judge Newman, through Col. Ed
Baxter, OF Nashville, that they had
a. andoned the contention as to uneon.
siitutionality Of the act Of 1879 Great.
ns railroad commission
The legality of The existence of the
railroad commission, therefore. is no
lcnger in question; it is the legality
Ioi its acts alone that now concerns
he court
II was while reading the new bin
Tor injunction filed by the Central Of
Georgia Railway Company that col
Baxter stated hat he had been inform
cd of subsequent legislation which
rcmedied any constitutional defect
hat might have existed in The act Of
1879.
Therefore, said he, there is moth
ing in the point Of unconstitutional.
ity."
The act Of 1879, by which the rail
road commission was created and Civ
en- certain powers, was attacked on
the ground that The body OF The bill
conferred certain powers on the rail
road commission. no mention of which
had been made in the caption, It was
GAINED on tnis ground that IT was
Unconstitutional The powers grant
.ea to the railIoad commission under
the act Of 1875 and subsequent acts
we're Fccnacted in the code Of 1895.
and 1t was on This account that Col
haXter announced his abandonment
y 'i'9 po'n' ''"l tne rallroad commits
sion was operating under an unconsti-
su''ondl act
Hearing is Begun
Both the railroads and The state an
eouhcea ready when the freight rate
H'lohel'on suits were called by Judge
Ne" man AT ~ o CLOCK yesterday morn
'"s'
mere we're present N court for the
''''ro@oS COL i1d Baxter OF Nashville,
representing al OIL the compialnantsi
A'eX hlns' counsel Tor the Central
trust company OF New york. T. NJ.
Nunhipsnain' II, OF the Central OF
1eorslai w. Il Kay Of Brunswick, for
'nc A'iaiiI9 coast Line; j. L. lye for
me NashFHle' Chattanooga and ST.
LOUIS hoherl Aston, OF the Atlantic
coast Line Judge r. 7. Dorsey for
re southern hallway; g. T. Brown
iol the seanoard AIR Line and Major
Joseph cumming OF Augusta, for the
Georgia raiifoad Among the railroad
ol1c'aiS present were General Freight
agent It. Pfeen' OF the southern; Gen
e'al FREIGHT Agent A. Pope Of the
Seaooard wee President and Traffic
manager W. a. Wlnburn' Of the Cen
L al OF Georsia; Chairman, ;. F. Par
ioOl' ol lne oCu'hesatern Freight AS
Soclatlon ana others.
Attorney General John c. Hart ap-
peared for The railroad commission.
Associated with him, repreenting the
Atlanta Freight Bureau were Hon.
Hoke Smith. W. A. Wimbish Charles
4. Hopkins and Morris Brandon. All
Of the members Of the railroad com.
mission Chairman J. Pope Brown,
Commissioners Warner Hill and JOS
cph NJ Brown were in attendance.
as was also Traffic Manager H. r.