The Montgomery advertiser., 1908-10-01
Opinion of Judge Sayre
 M Union Springs Case
c..,, os s..,som.r, |. Equity.

Railroad commission of Alabaris ys.
 the Central of Georgia Railway Com-
 fPSe scehtrat of aesrgia Railroad Com paf,y. Operating lines of railroad reach- Ing Montgomery. Union Springs. Troy, Eufaula and Columbus. is also inter ested as large shareholder in the Al. ana opefates cotton eompresses at all the points named except Union Springs
 Citisens of Union Springs own and op- crate an insspendens, e9mpsess apr , af cln. tna. mon with other railroads in the South. makes one rate for the transportation If cotton. whether compressed, of ufi- nSf nor fhs eS,su courts. nor the Railroad Com missions of the United States or the State of Alabama has decreed other, wise. In practice All so,ton proSuGen f,nien M sprinss. in snd delivered for shipment to the defendant. Is sent by It to the com press at Montgomery. and thence tmr : wsrded s9 its ntiaae tbs oest os eompres
 sion into the tariff for carriage. Sune l,, is the general practice of railroads Tn the south. If cotton Is compressed as ! the Independent compress in Uhlof' sprjpss, the defer 1ant makes no re- ffs'' fhe result It IS that no cotton is sent .o the Union sprinst compress ovsr s Rs ines tns
 In the handling and shipment of s cot ton there is also the practice ssr,S,,ts Sf eon, In f9 tSs nSefs sS.lyy 1t sne urevss
 The bili describes 1t as follows; Cotton Is shipped from smaller or Interior points to the location or tns ,aa comp 'ISi At privilege Of asserting and chasing cot, ton so received until he has eoiiectea such ariouat n uniform rnnns erauss ana then re
 shipping to destination on bills oi iae ing dated from the point of origlnal sifpmeft and on the through rate from th pGns ss local crsd,ed rsf uoo ths through rate. The concentration of cot, ton on this plan is not practlced ~ other than compress roints. o ada the
 The complaint is that the defendant by exclusively patronizing it's own com press at Montgomery Tn effect. not only aspryes the gai9 { ge sesss sssssss from the compressior of cotton put deprives also fhA people of Union SprinEs of the ad- vantases to De derived from the con. csnfration of cotton shipped over the oetsnafn on these facts the Commercial and Industrial Association of unio1 Springs compiaiInss,ds n,s s.rss to tns ss,t,rs then up more in detail. but in substance ai here stated. The prayer of the peE' tfon was that the defendant pc feou'r'
 First.--To publish rate on com. nressed AS well as uneompresssd cot ton from Union Springs to all mtra' s'sse second RSTh :nrThat said attendant railway bs reauired to desist from discrimira: ton against the compress located ~ Union Springs. and thereby discrimi' mating against that iocah,y. aa. an ex. bihit fo inc bill. the commission ex- pressed It's determination not to con sIder or deterfniae that part of the ne, 2, rates rates on compressed cotton for the req. son that there was pending before the commission a liko petition In whicn ai, railroads. within the state were Ioineu % tion could be more fully gone into. but the commission did order that the Central of Georgia Railway Company Ssss, ana S'esgsss sgsss non spns by withholding eduivalent pIivIiese, s in concentrating and compressinE COT. ton as granted to other s sompress ',,pnnss oi oi the present bill Is to have this cour, render a decree enforcing fhe order oi the Railroad Commission.
 roas m g SRG t1a was orSsE Seid U and ns cannot be enforced. It's extreme generality cannot escape observation. IL Is spe. cific to one effect oniy. and that ls that &
 tween compressed or uncompressed cot: ton. In the case of the Commercial and Industrial Association of Union Springs ys ysnS csGers @eedeS f sr s iso snS
 yolVing the same facts and the same complaint here involved. the Interstate Commerce Commission said: eff this on behalf of a particular community. the most effective if not ths only meth scS sd ts ,s eSse sS s lawful, would be to prescribe rates compression on compressed than on un i; Commission of Alabama. having specif- lcally refused to prescribe differen- tiai rate, but having directed never
 the less that the defendant discontinue Union Springs by withholding eduiva- lent privileges m concentrating and compressing cotton as granted to other mains to be determined just what the order of the commission does mean. 1t does not require the defendant to make 6 differentiaI rate on cotton, the commission has so far refused to do. Conceivably. of course. it might abandon its business. Tor that would ronize the Union Springs Company. But on what terms? The Union Springr Company at least Is free to make it's own contracts. and if the defendant is constrained by this court to agree. the result may be easily anticipated. IL cannot be that the Railroad. Commits. sion has power so to copstrain parties nor have l been able to recogniSe the source of any such power in the con stitution and jaws of .ne State. The statute confers power to super wise. reg uiate, and control all transportation the performance of their public duties. and their charges therefor. ar1 to cor rect abuses therein. Code 56h1. Section 243 of the Constitution provides The road freight and passenger traffic, the locating and building of passenger and freight depots. correcting abuses, pre- kenQcr tariffs, are hereby conferred up- nn fha fepislafnre. whose duty 1t shall