The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-04-01
Defines Powers Of Railroad Com
mission and SuStainS
that Body.
DISCRIMINATION CHARGED IN
COMPLAINT or THE POSTAL
TELEeRAPH coMPANY-scoPE
or LAW CREATING COMMITS
SION ExRLIcITELY DEFINED.

Tallahassee, Fla, Mar. S1.-The su-
preme Curt of FLORIDA, in an opin-
ion by Justice whitfield, fleG Tues
day afternoon, has made another i'm
portant contribution TO the line of adj
publications by that tribunal sustain
ing and defining the powers of the
Florida Railroad Commission, as con-
tanned in the Act of 1897 creating the
Commission and the amendatory Act
of 1899.
The present decision is in the man
damus proceeding Of the State of
Florida ex rel. William H. Ellis, At
torney General, Relator, V. The At
lantic Coast Line Railroad Company.
a corporation, Respondent, which
was instituted by the Railroad Com
missionerk through the Attorney Gen
eral, as the law directs, wherein the
Railroad Company objects. to an
order made by the Commits
siOners on November II, 1905,
requiring the Atlantic Coast Line
I -------~FNA " A4NA anu us
between its stations on and along its
line OF railway in the State of Flor
IDA, nor the Postal Telegraph4Ca
company, its men, poles, wire and
other material for the maintenance
operation, repair, construction and re-
construction all of its lines of wire"
The order also undertook to fix the
charges which the Atlantic Coast
Line might charge the Postal Tele-
graphCable Company for such ser
vice.
Discrimination Charged.
The order arose out of a complaint
by the Postal Telegraph-Cable Com
pany that the Atlantic Coast Line
Railroad was performing a like SER
vice for the Western Union Tele-
graph Company and refused to per
form It for the Postal TelegraDh-Ca-
bic Company, and that this constitut-
ed an unlawful discrimination which
the Railroad Commissioners were leg
ally epoWered 10 prevent The Coast
Line refused to obey the Commits
sionis order, and the Commissioners
applied for and secured from the SUI
preme Court an alternative writ of
mRndamus to compel obedience byl
the railroad to the order.
The central points emphasized in J
Justice Whitfeld's opinion are that
the prevention Of determinations asi
between shippers is one Of the chief
purposes of the Railroad Commission |
Law and the necessity of exercising
care in the framing Of the Railroad |
Commissions ORDERS 10 the end thai
these orders themselves shall not
work a discrimination as between
shippers. The opinion enunclates |
the following important principles of
law:
when the Railroad Commission
ers make a valid order for the pre-
vention of unjust discrimination and
for the observance of rates of freight /
and passenger tariff made and pro-
mulgated by them. It is the duty of
the railroad company or other com
mon carrier to obey such order and to
promptly, faithfully and completely
comply with all it's legal require
ments, and such duty will be en-
forced by manaamus."
When mandamus is brought to en-
force an order Of the Railroad Com
such order should appear
on its face to be within the power
and authority of the Railroad Com
to make; and il the order
contains a material and mandatory
provision which does not appear from
the terms OF the alternative writ to
be within the power Of the Railroad
Commissioners to make. and the al
tentative writ commands the re-
to forthwith comply with
the saia order or show cause for not
doing so. a demurrer to the alterna-
tive writ viii be sustained, since the
order must be enforced as a whole if
at all"
Scope Of the Law.
The power and duty to make anil
rromulgate reasonable and just rates
or charges for transportation of pas
sengers and for the handling, trans
portation and delivery of freights con-
ferred upon the Railroad Commits
sioners by Chapter 400 of the Acts
Of 1899, relate to rates to be made
upon the subjects Of transportation
and not 70 rates to be made for par
ticular persons or corporations. Such
rates or charges should be malls gen-t
eral in their nature and applicable
Ems 10 al NcIo0ub anu COtpOTdllOISI
under like circumstances. and should
not IN terms or in effect be made ap-
plicable to only one person or corpor-
alton 20 the exclusion of other per
sons or corporations under like cir
Rates or charges made
general IN their terms may be april
cable to only one person or corpora
ton because no other person or cor
poration Is in Hike circumstances, and
this would not make the rates or
charges special; but even in such
cases the rates or charges should be
made applicable to q particular OF
DESIGNATED person or corporation.
The Railroad Commission Law. Chap
Ter 400. IL designed 10 prevent uu-
lust DETERMINATIONS, ana to this end
I provides for the making and en-
'orcing 81 rates or charges upon sub
ects % transportation applicabiel