The Frankfort roundabout. [volume] (Frankfort, Ky.) 1882-1908, 1905-07-15

lawful right to fix reasonable rates.
Unques tiOnably a carrier is subject
to the requirement of reasonable
rates, but as we have seen, no
question of the intrinsic unIeasOn-
ableness of the rates charged arises
on this record or is at issue in this
case, etc."
Thus it will be seen that in the
case cited there was no question as
to the express company having
charged more than just and reason
able rates with the stamp tax added
to it's former rates, nor was there
any question AS to it's having viO-
lated the laws of any State by rea-
son of its increase OF rates; whereas
in the case we now have under con-
sideratiOn the increase of rate at
Shelbyville by reason of the addi-
ton Of the one cent to the former
rate violates not only the statutes
of the Commonwealth of Kentucky,
but its Constitution as well, in that
by reason of this increase of rate,
or as defendants put it, shifting the
burden of this license tax, it results
in the imposition of a greater
charge on the shorter distance to
Shelbyville, than for the longer dis
lance to points beyond, over the
same line in the same direction,
for the transportation of property
of like kind under substantially
similar circumstances and condi-
tions, the shorter being included
within the longer distance. There
can be no question but that the de-
PENDANTS are common carriers
within the meaning Of section 2l8
of the Constitution and $40 of the
Kentucky Statutes. And it is the
duty of this commission to enforce
these laws against all common car
riers whether railroads or express
companies. If the ordinance i'm
posing this license tax is valid then
it is the duty of defendants to pay
this tax and not evade it, but if
the ordinance is invalid there is a
speedy way for defendants, as law
abiding citizens" TO have this
question determined in the courts
which is the only forum in which
iJ can be determined. We fail to
appreciate defendants contention
that it as "a law abiding citizen"
has a right to determine for itself
that law enacted by the legisla-
tive department of ole of the Com
monwealJh's municipal govern
ments is "a bad law, and undertake.
i'm effect, to legislate for itself, by
arbitrarily shifting the burden from
it's own shoulders and requiring the
public to do that which the law
says it must do. Defendants con-
tend that it is simply requiring |
those who have the benefit of the |
city government at Shelbyville |
bear this burden. The proof dis /
closes the fact that this additional |
charge is not confined alone to citi- |
zens of Shelbyville, but shippers
residing out in the country. and |
even out of the county, who receive
express packages at Shelbyville are |
required to pay this additional rate I
however, this is immaterial. The
defendants having notified the |
commission that they will continue |
to charge on all packages consigned |
to Shelbyville the one cent addi- |
tional rate so long as it may be |
necessary to reimburse it on ac-
count of payment of said license |
tax as long as the same shall be |
imposed by the city government of
Shelbyville, and being of the opin-
ion that such additional choarges |
are violation OF the law and it
being our duty TO enforce the laws
it is, therefore, ordered that this |
commission does now hereby refuse
to eXunerate said defendants, the |
Adams Express Company and the
Southern Express Company, OF
either of them, from said acts and |
from the operation of the provisions |
of section 2lS of the Constitution,
and $40 of the Kentucky Statutes, |
and hereby orders that said defend !
ants, and each of them, desist from
said illegal acts.
1t is further ordered that this
opinion and order be published as
part of the next annual report of
the commission; that the secretary
of the commission furnish tn com
plainant and defendants an attested
copy of same; that like copy be
filed in the Shelby Circuit Court
and with the grand jury thereof;
and this commission hereby recon-
mends to said court and grand Jury
that indictments be returned