The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-08-24
SENATOR CLIFTON'S POSITION.
He Gives the Facts Relative to and
Reasons for His Vote ON Mileage
Book Bill and Custody of Minors.
To the Editor of The Daily Item.


reasons for voting as l did upon the
Bill commonly known as the Mileage
Bill" and the Graydon Bill, which
referred to the custody of minors,
both of which measures were before
the last General Assembly.
On February Gath, 1908 the South
ern Railway and the A. c. l.. railroad
company filed an agreement with the
Governor of the State whereby they
agreed to reduce the passenger rate
on ordinary travel from to 1-2
cents per mile, two thousand mile
age book good for heads of firms,
their employees or officers at two
cents, one thousand mileage book,
good to individuals at two cents per
mile. and a family mileage book at
the rate of IA cents per mile. The
companies stating that they were ac-
tuated in doing this by reason Of the
fact that there had been no legisla-
in other States, where upon applica-
ion to the Federal Courts the old
rates had been restored or the ef-
fectiveness Of the new rate enjoined
this proposition was accepted by
the railroad commission and put into
effect by its order with baggage al
lowance Of two hundred pounds.
The Graydon Bill proposed to fix
all rates, including mileage book rates
at two and one-half cents per mile
and to compel the companies to col
lect mileage coupons for transporta-
tion without exchanging mileage cou-
pons at ticket windows for tickets
and to check baggage upon the pre-
sentaion of the mileage books.
The mileage books Except the
family mileage book, were to be in
Interchangeable books, good on all SOL
vent roads which would agree, and
some forty roads and several steam
ship companies agreed.
The South Carolina Railroad Com
mission held that they had no power
to compel the issuance of interchange
able mileage books. The Supreme
Court of the United States decided in
the case of Prentis VS.. Lake Shore r.
r. Company that the issuance of
mileage books was voluntary upon
the part of the railroad company and
that their issuance could not be con-
trolled by a State Legislature, and
that only determinations between pur-
chasers of such mileage books could
'e prevented, there was no contention
of any discrimination in this State.
The Federal Interstate Commerce
Commission in the application of
Eschner VS.. Pennsylvania Railroad
company held, 1--WE think it clear
that a carrier may not only withhold
such special fares from it's patrons
by emitting to provide for them in
its tariffs, but may at is pleasure Cat
least SO long as no undue discrimina-
tion'"*is involved) attach such con-
ditions and restrictions to the use of
such special fares***and since we can
not compel carriers to issue such tick
cts, we see no grounds upon which
we may compel them to modify them
*F*in word the right to use exchange
orders and mileage books is in the ma
ture Of privilege voluntarily accord
ed by carriers under their tariffs and
must be accepted by those who use
such special fares with all lawful
and nondiscriminatory limitations
that may be attached to them"
The companies stated that they hau
attached the conditions Of force in
this State in an effort to provide for
a system of accounting and on ac-
count of mileage coupons being mis-
laid or lost and a reasonable regula-
tion Of their business.
No one could maintain that the
Legislature could regulate the issu-
ance Of inetr- -changeable Gnter-
State roads, mileage books. For
these reasons and in order that the
great travelling public consisting Of
all classes Of citizens might travel on
a great number Of roads and several
steam ship lines at lower rate than
proposed by the Graydon Bill I voted
to allow the agreement to stand.
In regard to the Bill relating to the
control of minors and their custody,
when this bin came up for consider
alton the case of Mrs. Lucy ID. Till
man VS.. II. r. Tillman and others was
then pending in the Supreme Court Of
this state. ] expressed the belief
and opinion that the section of the
code relied upon by Mr.. ThurmOnd