The Montgomery advertiser., 1908-03-30

Court which rendered 1t. It is not munify agsrisved by rate. in faci nn- ssasonabls sS sy is, gr univst approved and ix, remedy. but he cannot change the sta- tus or the property. fixed by decree of 2 court In proceeding to that end, by who is obseryins the % rste de declared Sy the court to be proper for the time be- ins, and In that way overturn the ef- ton of the status of the property Id she matter Of the bu~sens it may lay upon the public. He must first appeal rate. and being unsuccessfui in that. .n proper case. he could doubfiess resort to his biii in chancery against the public in the matter of rates. fo have their enforcement enjoinec as 10 n nlm. and it may be as to all other per grounds. or because changed condlticr,s made them improper. The Constitu- @ tlon putting the duty upon the carrier .o ro transport at just and reasonable 70 demand performance of the duty. 1t would not be in the Lower of the au- snorIties to discriminate against any community. or destroy it. by the ap- proval of status of rates whose opar- On eysrn would have such an effect. How
 ver, IT rates here contested are un- sresasonable. there ls no authority to in- nlct the penalties or maintain the suits for which this act provides. and beine mere auxiltartes for the Enforcement enjoined pendente lite to awa.t the aecision whether the rates themselves consmisssSn is adsuin,.tr.ssv. h.Sx.
 snd exercise eniy administ-asive
 NIL The. nature of the power ex- sroisea a ny the Commission In making ana unmakfns rateBsof It's own. ana WnetDer power can be conferred upon the commission to make and unrsake sztss sn9 m made .h by h the legislature itseIf, rates in their stead. has been much of course on all sides, that author.ty tive body to fix schsduies of rates. bnr some Of respondents. counsel claim that that the power In its nature is legisla- not properly restrain pendente lite commissfon made rates affecting the rates now before the court. whatessr cd. Compiaintants deny that the pow CT is legislafive. and also earnestly ir- sist that the legislature cannot confer rates fixed by the lesisiaturs itaslf. and to set up others in their stead, and that in consequenoe of the exercise more favorable olassiacations 'su anS rates have been fixed by other carrfars in all respects similarly situated as denied the equal ua protsctio,~ ,f fPts sSs iswn isn
 The delegation of legislative power to the Commission would plainly vio~ fn schuites ". Eberiy, a Ala. ass. ss Ala. si7; Mitchell. Judge. efe. So'ss vs gns srra sssts e eS rel eie ts .. Ala tia the phaticaiiy declared that the deiswa- tion of ieaislativs power, except to municipal corporations. to which by :siative power of the state has aiweys been delegated for the purpose pf To- cal admIrisfEation. is wholly inadmis- not falf within this exception. It se not municipal corporation nor an agency for local purpoaes t is creat cd for State purposes solely, Section S1s Of the constitltion. reads as, fol.
 The power and authority ot rssa. tariffs. the locating and building ef passenger and freight depots. correct ing abuses. preventing guniust dIscfirn- reasonable and just rates Of freight and passenger tariffs, are hereby com ferred upon the Legislature whose to t:me regulating freight and paasen- ger tariffss to prohibit unjust discrinl nation on the various railroads. canals the charging of other than just and reasonable rates and enforce the same by adeQuaGe penalties.
 When the section was under d.sucs- sion in the Constitutionaf Copvantion of 1901, fk was moved fo amend the see ton 90 as to confer the power upon the Railroad Commission. It was obtecte3 if this were done it would take the power from the Legislature and put t within the Keeping of the Commission. The amendment was voted down tlfe Chairman of the Committee. reporting this Article of the Consultation, ex plaining that the section. with the sxs ception of the inclusion Of canals. and the power as to the location and build ing Of freight and passenger depots the Georgia ccnstitutIon of 1871. the purpose In SO doing being to authorize the Legislature to confer the same power if it saw proper. upon the Com f1ission In Alabama, as was conferred upon the Georgia Commission. There had been much agitation of this Quea- tion at former sessions of the Leg.sia- ture There as well in the public prints and on the hugtings the adop~ ton of this section of the Georgia Con- stitution. and statutory powers for the Commission, as in that State, were urged as a remedy for the prevention of the evils. of unreasonable rates and