The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-09-03
TUESDAY. SEPTEMBER ;. 1901.
Lower Railroad Fares in Georgia

Gov. Hoke Smith, of Georgia, Aas been
unhapplly deprived Of the pleasure of de-
tying the Federal courts through the
unfeeling action Of a Federal judge who
refused to grant temporary Injunction
restraining the operation and enforcement
% the State railroad commissions order re-
dIcing passenger fares TO ~ cents a mile.
The judge who lodged the issue with the
Georgia governor is David D. Shelby. Of
the Fifth judicial circuit, and a resident
Of the same State whose people Judge
Thomas G. Jones has been instructing in
the rudlments OF constitutional law in a
series Of lucid and courageous utterances
from the bench.
Judge Shelby was asked on Friday last
by counsel FOR the Central of Georgia
Railroad Company, on the usual ex parte
hearing by means Of afidavits. to enjoin
and annul the order reducing fares. The
Judge was impressed by the fact that,
although the order had been issued over
two months ago. and was not to go into
effect until September >. thus giving the
railroads ample time to contest IL on its
merits. the bill was not filed until lust
two days-one of them Sunday-before the
lower fares were to become obligatory
Judge Shelby observed that if resort had
been had to the court within a reasonable
time after the fixing OF the rate there
would have been no necessity of asking
for an injunction on ex parte evidence
and both sides could have been heard
before the rates went into effect As no
notice had been given the defendants TO
appear, Judge Shelby declined TO issue a
temporary restraining order. holding that
the complainants bill could not outweigh
the prima facie presumption that the
action Of the railroad commission was
valid. However. he ordered the commits
sion TO appear at a subsequent date and
show cause why injunction should not
issue as asked by the complainant COM
pany.
Thus, for the moment the right of
the sovereign State of Georgia to fix rail-
road rates at ~ cents a mile appears
untarnished and unrestrained. All the
railroads doing business in that State Will
conform with the commissions order. or
the governed viii know why. He is pre-
pared 10 convene a hundred grand juries
TO indict for violations Of the order, and
as there are no injunctions in the way.
nothing remains to the railroads but sub
mission under protest. It seems probable
that the new rate will be put into effect
by all the reads. The Southern Railway
has set the example by filing the new
passenger tariffs with the railroad COM
mission, accompanied by a formal protest
reserving its right to contest the rates in
the courts, and other roads have applied.
or will apply, for injunctions. though
there is a disposition. as in the case of
the Atlantic Coast Line, not 10 request
temporary restraining orders, but to al
low the questions at issue to be heard
and determined on their merits. The
Federal courts viii ultimately decide. as
in like litigation begun in other Southern
States, the validity Of the fare reduction
ordered by the Georgia railroad commits
sion. It is fortunate that so far no oppor-
tunity has arisen for senseless fuInina-
tons against the authority OF theFederal
courts. which has been exercised with
moderation and good sense