The Montgomery advertiser., 1908-10-01

ulating fre1ght ana passenker tar msi " various railroads. canals and rivers of Of other than just and reasonable rates sisles" f crss The orc provision vas tsSsp iroe the Constitution of the state or Georgia where the, supreme Judicial autnority stituionaI provisior Ane the legislative enactment was to rive proper protec- ton to the, citizen, aEainst untrft rates for the transportation. of freight and State and to prevent nnjust discrimina- tions even though the rates might De just. Ga. R. R. vs. Smith. 70 Ga. 6s4 have said that its object was also to ton Of depots, and perhaps some other { The Railroad Commission having by its ordeF put inc question of the tariff for transportation out of this case. there IS no. oceasidn for discussing its sary to pass upon the contention of the coffiinis ssion to the effect. as I undertand its real rneairr,g. that the constitutionai grant of power to the Lesisiature to crimination, and tIL legislative grant of power ts the commission to super wise. regulate, and control transporta- to iop the psrolae. m o sstsrs st pubs dug power to direct when. where. and on what terms. cotton intended for ship practice on railroads in that resard shall operate to the disadvantage or an tndividuai Of coinmunity.
 Is ou, eommon Dn % 10 '0nn me ' in his country, think I may say that comnression adds nothing to the. value of cotton.-- S ts SSntrafs cotton 'psast hers1sf
 of value to transpartation cofnpanies because 1t econosiizes space. and % releases rolling stock for other uses. ssn,s s,Sn ony # rassefSs sSss De aiscrianlsion. it is of 2 species which the gs9gie nn to contefnI. nor do they; they are claiming the benefit of It for them selves. They admit that, nonninally iese of concentratlon,, but complain that 1t Is of no practical value to their community for the. reason that ths practice fin respect to compression of
 The context Of the constitution and of the statute where this authority Is supposed to be conferred--the latter ss seems fo ressts tsr .hs of ths SSsfa,fn SSer thaf. It u seems sat,dient altsr the m y sSssSent sssa to sa ssat when chasins the compression of cotton or when compressins cotton for themselves are no more engaged duties which the railroad cesimission has power according to the statute; to supervise, regulate and control, than
 se or Steel rs sr esr wheels. ir-brakes, coal. and the like. Certainly, such things have to do with Ti,scst GSSa ,heS are not the incidents of transportation there Is nothing which leads to the the people have not left the railroad companies as free as other citizens. In certain sense, to be sure, when q to Da tfs exeissioh & a of ii others. % the Others. and the communities in which they are located suffer disadvantages or preju . dice. but they suffef no impairsfl.ent ,,, Of } Is respect to the compression of cotton for the advantage of railroads. The transportation of cotton for the public would he another thing.
 The commission also sets up section entitled an act Ito regulate railroads. welch any raroa9 dreoS or in directly makes or gives any undue or unreasonable preference or advantage to any particular person; firm corpora ton. or locality. or subjects any par ticular person. firm corporation or locality. to any undue or unreasonable prejudice or disatvantage In any re- mean. and urges this section as au- thority for the order now sought to he enforced. It is possible. l believe. .iearness. @ a nnmber of reasons why the section referred to does not help the order of the Commission: It falls to say what constitutes undue or nn- prejudice or disadvantage; or confer no powers upon the commission in connection with the enforcement oS the collection of the penalty; the arder does not purport to enforce a penalty but only to prevent the recurrence of acts to which the psnatS attaches ed of the propriety of the situation at Union Springs in respect to the com pression and shipment of cotton. the power to amplify or amend the orders of the Railroad Commission. but only to put them into effect if valid; sion Is not aided by section 42 of the act creating (creating anew) the com mission. approved Feb. 2l, 1907. which orders of the comrnission. Its insuficl- ency appears upon the face of the re- cord and must in order to have con. con beyond denial and remedy.
 The register will enroll the following decree:
 The above entitled cause coming on to be heard at this time in pursuance of notice given in accordance with the rule of practice provided in such cases. was submitted for decree on the de- ants motion for an injunction to put into effect pendente like the order of the Railroad Commission of Alabama requiring the Central of Georgia Rail- way Company to desist and discontinue its practice of discriminating againet Union Springs by withholding equt- valent privileges in concentrating and compressins cotton as granted to other compress or concentrating points. And upon due consideration.
 It Is ordered, adjudged. and decreed by the court that the said demurrer be and is hereby sustained and that