Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1906-11-06
ON JUDGES DECISION
DEPENDS USEFULNESS
Of the Railpoad Commission of
Georgia.
CASE WAS CONCLUDED FRIDAY
Closing Day of the Injunction Suit
Brought by the Central of Georgia
Against Circular No. 316 Brings
Startling Statements.

Atlanta, Nov. The whole use
rulness of the Georgia railroad COM
mission in securing just freight rates
for the people of Georgia, says At
torney General Hart, depends upon
the decision of Judge Newman in the
case OF the injunction suit brought by
the Central Of Georgia railway against
the commission to prevent the en-
forcement of Circular 316, which was
concluded in the United States court
Friday, Judge Newman reserving de-
CisiOn.
The intent of Circular 316 is to
transfer the Central Railway compa-
ny from Glass c to Glass B, thereby
involving reduction Of approximately
10 per cent in it's local freight rates.
The history Of the case in brief Is
this: In 1898, owing to the general
business depression, the Central,
among other roads, was allowed to
make a certain increased charge above
the standard tariff fixed by the COM
mission, for local hauls. In the case
of the Central this increase amounted
to 25 per cent. There was no in
reference with this increased charge
up to 1905 when, few months ago,
the railroad commission, in view of
the widespread and general improve
ment in business conditions, and in
view of the fact that the Central, as
well as other roads, had largely in
creased its earning power, took off
10 per cent of this increased charge,
permitting the road to charge in fu-
ture only Is per cent in addition to
the standing tariff for local hauls.
The Central then brought suit for in
junction to prevent the enforcement
OF this order on the ground that it
was tantamount to a conf1Scation of
its property. Similar action was talk
en- by the commission with reference
to the Southern railway and the At
lantic Coast Line, which likewise in
stituted injunction proceedings, and
these are now pending before Judge
Newman. A final decision in the Cen
trails case will determine also the
other cases as the same principles are
involved.
The case was argued for the state
by Attorney General John C. Hart
and w. A. Wimbish, who represent
the Atlanta Freight Bureau, while
for the Central appeared T. M. Cum
ningham, Jr., and Colonel A. r.
Lawton, of Savannah. All of these
made arguments; Mr.. Cunningham
and Mr.. Wimbish opening for their
respective clients, and Attorney Cen
eral Hart and Colonel LawtOn MAX
ing the concluding arguments.
The states view of this case is well
summed up in the concluding senten-
ces of the argument presented to the
court by Attorney General Hart in
which he said:
IF this order Of the railroad COM
mission of Georgia is not enforce
able, as applicable to this complaint
under this record, then We have
reached the end of its usefulness and
it ought to go out of business. The
public should not be taxed to support
an instrumentality no longer of use,
and the officials cOnsti uting the COM
mission should welcome its dissoIu-
ton; for to acrsGt salaries without
rendering service, is hardly short of
unlaWfully thrusting their hands into
the public treasury"