Gainesville daily sun., 1906-03-31

I
tanned, since ths oder must - en-.
forced 4. a whole ia, all.
The pNN-r and iu'y to make aod
vromglEa:- rea."nab'e ard ii,, rate.
"r charges for transportation Of pas.
.cng~rs and for the handl,Ig. tran.-
porsstiOD snd delivery OF frei ighn enn.
ferr~d upon the railroad commission.
era by Chapter 400 Of ,he Ae,s Of 1889.
relate TO rates TO he made upon the
suhjec,s Of transportation aud not TO
rates IN be made for particular per.
cons or corporations. Such rates or
eharRes should be made gereral IN
their nature and applicable alike to
all penons and corporations under like
cireums,anc-s. and should not in
'erms OF in Eject be made applicable
To only one Ierson or corporation to
the exclusion OF other persons o. cor.
porations under like circumstance.
Rates or charges made general in their
terms may be applicable TO only one
peron or corporation because no other
person or corporation 10 in like circum.
. ances, and this would Eot make the
rates or charges special; but even in
such cas~s the rates or charges should
be made general in their teans and
should not in terms De made appli.
cable 10 . particular or designA,~d per-
con or corporation. The Railroad
Com mission Law. Chapter 4,0O. /. de-
signed to prevent unjust discrimina-
tioDs. and TO this md 10 provides for
the making and enforcing of ra,es or
charges upon subjects OF transports-
zion applicable sliks 20 oil persons or
corporations in like cir.um.tances,
and for preventing the giving OF dii-
ferent rst-s to di6eren. person. IN.
der like circumstance"
The conrr hads that lin view OF the
order here sought To be enforced, Il
cannot be presumed that the rate
therein nv n'soned had been hxed and
made applicable to all shippers und@r
like circumstances. The order refer.
to cnrTent rates and adds thereto fur.
iher charges for certain services 20 b-
rendered 10 the Postal Telegraph.Ca.
ble Company ny the respondent 40 a
com mon carrier in the handling. trans.
pOrts,i'n aud delivery OF the subjects
Of transr ror,a,ion to which tie men.
toned current rates apply, and there
10 nothing in the alternative writ 10
indicate that such additions to .he
current rates had been dxed for .uch
service in connection with these SUBJ |
j-cts of transportation and made Ap-
plicaole 20 all shippers in like c.rcum.
stAnces."
Where o rate Of charge" says the
opinion, has been dolly made upon
the subjects OF transportation and
for the service here demanded. ap-
plicsble alike 20 oil persons and cor |
pOratiOns under like conditions, the |
rsilrosd commissioners may BY proper
proceedings make IN order requiring
such service 70 be rendered to any par.
tieular person or corporation upon the
payment OF the rates or chsrges 90
and such order should be
obeyed and will be eoforced: bnt
where. ss 10 this case, the order in
terms provides that the said Atlantic |
Coast Line Railroad Company for such
service performed and rendered for
the Postal Telegraph.Cabls Company
may charge etc. and there 10 not hing
in the alternative writ to indicate
that the rates and charges msde by
the order for The Postal Telegraph.
Cable Company are the rates ard
.haVges made hy the railroad com.
for oil persons and corpOr-
atoms demanding like service under
like circurnstances, there 10 no pre-.
sumption that the rate stated in the
,'des hiss been made spp!icab!e to all
in like circumstance, and
the gate 40 made 10 not . valid and en-
Iorc-able ore.
There 10 no question here O. TO the
n-ss OF the rates or charges,
the sole question being the validity OF
he order making the rates and charges
n terms, FOR the Postal Telegraph
Gable Company. individually ON cob
ects Of transportation offered by il
alone 20 q common carrier
I'm the case nc bar the order makes