The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-29

OF administrative or ministerial du-
ties; but such authority, discretion OF
judgment is subject TO judicial review,
and it is not among the powers OF
| government that the constitution sep
arateS into departments.
! :. The common law duties of COM
mon carriers are ascertained by. the
application of legal principles to par
| ticulaT facts The statutes of the
( state do not define all the duties OF
common carriers, but expressly aU~
thOriZe the railroad commission to
make reasonable and just rules and
/ regulations to carry into effect the
legislative purpose to regulate intra-
state transportation by common car
! Tier:.
/ s. The legislature may not dele
I gate the power to make a law pre-
| scTibing a penalty, but it is compe-
/ tent for the legislature to authorize
I the railroad commission TO prescribe
| duties upon which the law may OPP
! crate in imposing a penalty and in eff
/ fectuating the purpose designed in
/ enaCting the law. Where a penalty is
| imposed by law it may be incurred for
| the penal violation of a rule prescTib
ed by the railroad commission within
! their express authority.
! 9. Even if the provisions contain
| ed in the railroad commission statute
relate to the disposition of the pro-
] ceeds of fines or penalties recovered,
and for the suspension or remission
/ of fines or penalties, be in conflict
/ with the constitution, such provisions
may be eliminated without impaiTing
! the usefulness of the valid portions
/ of the law for the purposes intended,
and without causing results affecting
! the main purpose of the law in q
| manner contrary to the intention of
the legislature. and it cannot be said
/ acted the statute without the invaffd
| and unnecessary portions The dispo-
sltion of fines recovered is controlled
by existing valid laws. The consti-
tuition provides for the remission and
disposition OF fines. and affords a
guaranty against excessive fines.
10 In view of the organic provis-
ions relating to common carriers. and
TO comforting judicial powers upon
the railroad commission. the cOnstitu-
tiOnal right to jury trial is not be-
yOnd a reasonable doubt violated bv
the imposition by the commission of
a penalty or fine prescribed by law
for the penal violation of rules pro-
vided for regulating a public service.
when the fine or penalty is recover
able only by action at law in a iurv
has may be inteTpOsed in the action |
to recover the penalty.
H. The regulation of intrastafe |
transportation by common carriers IS I
the exercise of the inherent and re /
served power of the state While the
expressly authorizes the
regulation of common carrier corpo-
ratiOns, it also expressly provides for
the protection of property rights
against unlawful invasion whether !
lndeT the gUise of regulation of A
public service or otherwise.
Il - An arbitrary and unreasonable
equation is not within the authority
I the railroad commission. If he
| ftlOn OF the state through the rail-
lad commission is not a legally au-
PTiZed regulation of a public serv- !
T. or II the authorized regulation is ! {
|. alitrary and unreasonable. and in |
elct deDrives the beneficial owners |
oIprOpeTty used in rendering the /
puIc service of the property rights I
IN manner or TO an extent contem- [
pad by Jaw as a limitation upon 7
heights of those devoting their Z
priority TO public use. such action /
mon under the form of regulation. I
/. i 1 law deprivation of propert- c
Wlt1It due process of law in VIOLA [
Jlonf the state constitution O
I5.The railroad commissioners [
are atutOTy officers whose powers a
are scial and limited They Dan U
eXerce only such authority as is Ie- v
gary Inferred by express provisions a
OF laNr such as is by fair impIica-
non ? intendment incident to anu
lnclud' in the authority expressly
conteT{ for the purpose Of carry fl
ing ouand accomplishing the pur-
poses which the Offices were eS- X
tabIishe L
! zen il can be fairly done. 4
rune adeed by the railroad commits
SloneFs Duld be so construed and I
applied to make it conform to the 70
powers lferred upon the commits te
9IoheIS- her than as being an as pI
SuulptlOIF power not conferred. 70
ID m the power given She "
IailFOau umiSSiOneTs TO require tn
common eieTs 10 furnish all neces-
Sary IaclI5 for the convenient ana / ST
prompt hding. transportation and tn
delivery Gall freight offered for
trahSpoFtaI and to provide ana ! de
prescTloe }TIles and regulations ( iii
necessary secure the furnishing OF Va
sucn Iacilll land transportation Ind a
dehFeFy OF ifreights offered. 10 il ca
rect ana copl all matters pertain
lhS 70 faiF9 that shall be for the s.
gooo OF the fic. and TO do and per gr
Ioi IL any dir thing necessary To da
De zone 20 ttually carry out an | De