The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-25
GOVERNOR BROWN
UPHELD BY COURT
Question of Freight Rates
in State Decided
SMITH BROUGHT SUIT
State Supreme Court Finds Georgia
Has no Jurisdiction to Control
Traffic Beyond State Line.
Brown Vetoed Bill
SMITH BROUGHT SUIT

Atlanta. November 2i-(Special.) -Gov-
ernor Joseph NJ Brown has just come out
OF two political turmoils practically un-
scathed.
These are the railroad mileage problem
and the question of freight rates on the
Western and Atlantic railroad.
When Governor Brown vetoed the mile
age bill passed by the legislature last ses-
sion on the ground that it was unconsti-
tutionai and constituted class legislation,
there was a hue and cry raised over the
state by his enemies who charged him
with having paid debt to the railroads,
kilograms were printed from all parts of
tho state telling what terrible thing Il
was for Georgia to have a governor who
put the interests of the railroads ahead
of those of the people. Governor Brown
stood upon his veto message and said
nothing, hiding his time.
The recent action of the Georgia railroad
commission is now conceded to be, in eff
feet, An Endorsement of his position.
Three members of the commission tried
to make some concessions in response to
the clamor, but their order does not
accomplish the object sought, and it is
doubtful II the railroads will accept it
as 1t is. Chairman c. NJ. Gambler took the
position that the commission was going
beyond its authority and would probably
be the cause of the loss of the cent rate
to the travelling public in this state. He
was backed up by Commissioner Joseph
f. Gray.
SO much for the mileage problem. 1t
It'll l.. ~
went into the office of governor In June,
1911, Governor Brown, who had just re-
tired, had refused to attempt to force
the lessee of the Western and Atlantic
railroad to transport freight from Geor-
gia points to Chattanooga and vice versa,
at tho same rates are prescribed for
business on that line wholly within the
state He took the position that Georgia
had no right or authority to interfere with
interstate commerce, and declined to act.
although the railroad commission had put
It up to him to take the initiative.
But when Governor Smith went into
office succeeding Governor Brown, he let
II be known what he proposed to do about
II. He was going right after the lessee
company, hale it into court and require
II TO obey that clause of the lease con-
tract which lie construed to mean the
same rates must be given on the state
road, on interstate business, as on bust
ness wholly within the state.
lie turned the matter over 10 the At
torney General and suit was brought.
The final result has just been reached this
week in the decision of the state supreme
court TO the effect that Georgia has no
jurlsdiotion whatever over interstate traf-
nc, and any contract made to that end is
null and void. Under this decision 1t mat
ters not what is contained in the lease
contract, ii gives the state no jurisdiction
TO control traffic beyond the state line.
even on its own railroad.
Possibly IL is good thing politically to
every particular the position taken by
Governor Brown in declining to bring the
suit when clamor was made for Ii.
Possibly ii Is a god thing politically to