The Montgomery advertiser., 1908-03-30
FULL OPINION
 OF JUDGE JONES
fcerti..es from rsse seven,


 tcenti.ses from Page seven,
 untnxt discrimination. Georgia whose Constitution contained the provision which now forms a section z4s our Constftution. provided TOT zaiilosu a ta make just and reasonable rates of freight and passenger tariffs. IL was sought to enjoin the execution ot tne stafute on the ground ,ndsr thss U tSe Mss Con- @ sifiiafion, 1t was the duty of the Leg fslature itself to regulate freight ana passenger tariffs, and It had aelegsTrseo Tsa Supreme Court Of Georgia, however, in E<.oTs<ia Railroad V. k. R- Comm. ssion, 20 Ga. SEA, sustained the statule. ~ said: Tt certainly was no. ,ss cohse to bs fixed over many miles of railway m fhfs State should be settled by the Legislature. The many innuences sna. a. combine to cause changes .n the ever sarylnx trcissitudcs of trade and tray si were neither overlooked nor ierso.- ten by tnat body. The utter impossi- 5agt the proper scnedules for the va rlous roads. With their differences lp isf.sth locality and business, appears to us to be so clear anu maniiest, ss that to have entertained 1t would pc absolutely absurd. and especially so when 1t is remembered that schedules just and right for the months oI win ter may De IuinOucly 0h}a1e eaao wrong for the months of summer, and that such as are proper for the year oi the meeting of the General Assembly might in the succeeding year. well nigh bankrupt every railroad corpora lion in the State" The Court further held that the Georgia Act authorizing tae Commission to make rates was not fhis point it said: .The difference be- the power to adopt rules and regula- tons to carry into effect law already great and this we understand to be the distinction recognized by all the Courts as the true rule in determining whether or not n snSn caSes tSs isgln,e fermer would be unconstitutional. while the latter would not. It is a familiar rule where 2 constitutisc,naai. provision other State, where it has received q settled interpretation, 1t $ presumed to have been adopted with that Inter pretation. which becomes part of the
 if is admissible. therefore. if the question could otherwise be matter of doubt, to hold that this section of the legislative power to the commission. In the first place power and author rtty' are .'conferred upon the Legis- which is so peremtoriiy commanded. is to pass laws" from time to time. These laws are to be the means em- 4Sgsid 4sggriSataon sD MSsteTer @ tality the Legislature might select, the purpose was that 1t should exercise the authority conferred in subordination 10 the laws. working out the duties confided to 1t. according to the de- clared will of the legislature. The du- ty thus Imposed. neither requires nor g5Rss Rat the the ias sha Ss The eS@es of commissions, as administrative bodies to make rates. Is sustained, be- cause they are the mere instrumental- with the rules the law-making body itself promulgates in advance, what, under the various factS and circum- stances of particular cases are just and reasonable rates. The Constitu- ffon, the cOmmon-law and tue statutes, have already determined the rules by De gathered. They have prescribed the duty of making reasonableness of charges and of impartiality, and given the customer ne the sisnt stv sG oS tSs eo mission is to apply these rules to the facts of particular cases. The power is judicial in its nature; but it is used merely to aid in the entertainment of the facts which are necessary to the enforcement of the Legislative will as to rates. It is not, however. Judicial body, because in the ascertainment of the facts necessary to determine what Is a just rate, 1t necessarily pases up- on the effect of those facts. The exer- else of judgment and discretion are the duties nearly every functionary, no matter to what department he be- longs. and the fact that these facul- ties must be exercised does not neces- sarily determine the department to which he belongs. The Railroad Com mission. In the exercise of it's ordinary authority. in making and unmaking It's own rates. IS a purely administrative body. and does not exercise Legislative authority. The power being adminis- forcement pendente lite. whenever es- sentsal to the ends of justice. The season why 1t was held improper in CTS Loan & Trust Co.,. supra, to make a final decree enjoining the exercise of power to make rates, was not be- cause the power was legislative; IL Ing no power to make rates itself could not set up any rate of It's own in lieu of the rates stricken down. and circumstances might so change as to make the rates which are unjust to the carrier at one time, perfectly just and reasonable at another.
 conferred upon the commission
 under the act of August 9th, 1907
 and like provisions in the eight
 xfV. Has the Legislature attempt. ed to delegate legislative power to the commission. in the authority conferred upon it to make and unmake rates and classification established by statutei The act of August 9. 1907, provides fin its first section: That in all cases where any classification of railroads or of any articles of freight or any max fmum rates or charges for the trans portation of passengers or freight over any railroad .n. this State have been or may hereafter be, prescribed by statute. or any prevailing rates or charges for such transportation have been. or may hereafter be, by statute