The Dawson news. (Dawson, Ga.) 1889-current, 1912-08-27
STRONG REASONS FOR VETO
,,av GOVERNOR BROWN DID
WI" hnc APPROVE MILEAGE BILL
,.o,ation of the Organic Law OF
Was md. Can't Impair Obllga-
tne If Voluntary Contract.

lions of voluntary
ANTA.-the railroad mile
IN which sought to eliminate
age acassity of exchanging mileage
tle 90 for tickets, was vetoed Dy Gov
D0OA1 Brown because the constitu-
JOS ~ the United States provides
uon NJ state shall pass law I'M
Ela 'S.na the obligations of a Volunta-
ga'l tract. The action of the gov
or will force the state railroad
cruz ,,ssion to make a ruling, as the
V' l1.aIiDq men asked that train rule
led" .oada and the matter is still pend
o hefore the commission.
'17 1bIa lawyers say that Governor
oon,,,s position from a legal stand
Dt 'nt &c correct, and that the meas
If il had been signed, could not
Saya run the gauntlet of the courts
rho governor points out that mile
is a voluntary contract between
o. railroads and the person pur-
Easing it, fixing the rate lower tnap
tbs maximum allowed by the state
-o;,road commission, and for the
..oto m say Just how the contract
I'D he carried out would be to
Sasnme an unconstitutional obllga-
ton. 80, hitch
s.ys that 1T shall be unnecessary to
,vobange the mileage ticket or cou-
oons therefore for ticket, any con-
troc- 10 the contrary notwithstand-
ing" is faulty, according to Govern
nr Brown. because it is in violation
~ the organic law of the land.
In his veto reasons Governor
Brown said:
Again, the very designation by
which the law describes the railroad
companies, viz: common carriers,
necessarily carries the requirement
that they shall protect equal rights
far and accord equal privileges to
all whereas this bill provides that
he who gets reduced rates shall have
an advantage in convenience over all
passengers paying the maximum
rates.
The decision of the United States
supreme court in the case OF the
Lake Shore and Michigas Southern
railroad company vs.. Smith is cited
by Governor Brown in his reasons
for veto. The court held that 1t was
discrimination in favor of those
who may be able or desire to pur-
chase ticket at what might be call
ed wholesale rates-a discrimina-
ton which operates in favor of the
wholesale buyer, leaving the Others
subject 10 the general rules.
The interstate commerce commits
ston held in the case Of Eschner VS..
Pennsylvania railroad company that
the right to use exchange orders and
mileage books is in the nature of
privilege voluntarily accorded by the
carriers under their tariffs, and must
be accepted by those who use SUCH
special fares with all lawful and non
discriminatory limitations that may
be attached to them.
The first section of the bill is also
held faulty by the governor because
it empowers and directs the railroad
commission to take such steps and
make such further regulations Gum
der penalty) as it may deem neces-
Sary to enforce the act. The gov
ernor contends that it is unlawful
to delegate to the railroad commits
sion the right to prescribe penalties,
that the right is one which the legis-
ature must exercise but cannot dele
gate
Il will add that | cannot escape
the knowledge that in taking this
official position | am forced to be the
instrument in disappointing an en-
ergetic element of our citizenry,
says the governor, but we must
each recognize that we cannot al
ways have what We want, but must
take what the law allows us to have,
and that there come times when dis
appointments are the discipline Of
the law, and that in the struggle Of
life each class or each man is WIN
ner when that class or man secures
equality of rights and privileges with
ali others"