Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1907-06-29

them. The commission must be CIV
en- power to protect the public in
every relation where they should be
served by transportation companies.
While the rates charged for freight
and passenger transportation Should
be controlled, the character of ser
vice given is of the utmost impor-
lance.
The action of the railroad commits
sion takes the place CT an act of the
legislature of the State of Georgia
and becomes the solemn decision CT
the State, through it's duly constitut-
ed authority. 1t is a serious propo-
sition for judge to assume the prov
ince of setting up mis- judgment against
such finding.
When the courts realize the re-
sponsibility which they assume by in
terfering through restraining orders
with the action of the state, the Of
ficers Of railroad companies Will real
fZe the respect due to the state, and
will present their views to the rail-
road commission, and conferences will
be followed by harmonious relations.
The railroad commission should be
reasonable and just to the railroads,
but if the railroads persist in an at
titude of stubborn litig.ousness, they
can hardly expect a continuation OF
gifts from the state. If the rail-
roads are injured by resisting the au-
thority of the state, if they suffer in
consequence, the fault will rest upon
their misguided office holders, and
must not be chargeable to the State
of Georgia.
Duty of Governor.
I believe it the part of wisdom to
allow your chief executive to carry
full share of responsibility for the
work of the commission. This was
the plan of the original bill, and it is
the plan of the proposed law.
If the railroads continue the policy
of appealing to the courts wnen the
commission acts, the state must resist
these suits with just as much force
and power as the railroad companies
bring to their support. 1t is utter
ly impossible for the attorney gen.
eral to meet alone the swarm OF law
yers and hosts of witnesses that will
be brought forward by the transport
tation companies and public service
companies when litigation is precipl-
tated. We must give to the attorney
general and counsel associated with
him every possible aid. We must, II
necessary, employ experts to meet the
railroad experts. l believe 1t to be
part of the duty OF the governor to
render all possible assistance in sup
porting decisions of the commission.
A railroad commissioner who cannot
unite with his associates in vigorous
resistance to any attack made upon
the commissions findings owes 1t to
the state to retire from the position
which he holds. The law authorizes
the governor to suspend commits
sioner. A suspension by the governor
in no sense involves the idea that the
commissioner has committed an i'm
peacnable offense.
Western and Atlantic Extension.
commend this suggestion to your
careful consideration. l believe the
ownership of the State Road to be a
thing of great value to the people OF
Georgia, not only on account of its
capacity to produce an income, but
on account of the influence it may
have upon the future regulation OF
transportation questions. If 1t can
be extended to the sea at one or more
points, have no doubt the investment
would be profitable, and its value to
the people as a whole greatly increas-
ed. l trust that you may be able to
present a satisfactory plan for the
completion of the road.
Railroad Employees.
The State owes a duty to the faith
full men who discharge the labor for
railroad and public service companies.
agree with the view expressed by
President Roosevelt that it is unjust
when an employee loses limb Or life
to place the entire loss upon aim or
his family, in the class of cases called
mere accidents. Especially is 1t un"
Just to free the corporation from liza
biity in those cases defended upon
the ground that the employee knew
of the negligence of the company and
assumed the risk of such negligence.
An employee may know Of the eX-
istence of a defect, known also to his
superior officer. He cannot afford TO
quit work nor can the public afford to
have him quit. To deprive him in
case of injury Of the right 70 recover
IS a rule so harsh that 1t is only de-
Tended upon the theory of precedent
In some states tne courts are break
ing away from this precedent. In
son,a states the courts are being re-