Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-08-23
GOVERNOR BROWNS VETO
OF THE MILEAGE BILL

In spite Of a demand that gone up from every
part Of Georgia and in defiance of the rights Of a
great body Of commercial travellers and the import
ant interests they represent, Governor Brown has
vetoed the mileage bill which the Legislature saw
1T to enact The reasons rather pretexts. he as
signs for having killed this sOrely needed law might
be expected in the brief of railroad attorney, hard
pressed for argument to bolster up shaky cause,
but coming from the chief executive of State. who
is supposed to guard the interests of all the people
they are extremely peculiar and surprising.
The Governor seeks to justify his veto on two
main grounds. The first is that since the sale OF
mileage at a rate somewhat lower than that fixed
as : maximum by the State Railroad Commission, is
voluntary contract between the carrier and its pa
irons the State cannot attempt 10 say in what man
ner this agreement shall be ried out without i'm
pairing the obligation and thereby going
contrary to the federal constitution. His second
ground is even more remarkable than the first for
on that he contends that the pulling of mileage on
trains is entirely too complex" and tedious job
for the conductor be burdened with. This latter
reason will at least afford much merriment to the
conductors themselves.
In venturing upon the field Of constitutional law,
the Governor appears in a distinctly different role
from those he is accustomed to play; and, for our
own part. must say that he is more convincing
as a commentator upon the virtues Of dogwood or
as a singer Of the mythical glories of Astyanax Evil
1ently however, he has not undertaken his part
without degree Of coaching from somebody long ia
milar with the lines; indeed, We fancy that some
where behind the scenes hear the prompter's
voice and it is strangely like that of a skilled railroad
lawyer. Certainly the views he presents in his veto
Of this mileage bill are precisely those special
peader for the roads might advance in emergency
Let US follow a moment the devious path of his
reasoning The Governor holds that the State has
no right to say that mileage purchased and paid
for in advance shall be pulled the trains instead
OF being exchanged for special trip ticket at the
expense Of the owners time and general interests,
because the purchase Of such mileage represents a
voluntary contract between the railroad and the
buyer. And hence. according to the Governors con-
tenton the State would overstep constitutional
authority and impair the obligation Of a contract
should it require the roads to redeem, according to
particular manner the mileage thus sold at a rate
slightly lower than the maximum rate fixed by the
State Railroad Commission.
Would our distinguished Governor apply the same
sort Of reasoning to all other contracts entered into
between the railroads and their patrons? Would he
say for example that because the railroads. occa
sion offer TO sell transportation at excursion
ton rates they are in such instances exempt from
their legal duty to carry the passengers safely and
comfortably? Would he contend that in these cir
eumstanees the roads should not be required by the
law to provide all essential and customary comforts
for passengers such trains merely because these
passengers bought their transportation reduced
rate which the roads voluntarily granted?
The fact that carrier offers its mileage books al
q rate lower than the maximum established by the
State Railroad Commission and that when patron
chooses TO buy such milege rather than a regular
ticket he does so voluntarily has logical bearing
whatsoever on the real issue Of the mileage BILL The
fact that purchaser in such instances enters into
particular contract with the railroad in no wise re
neyes the latter of those general obligations which
the States law established for all contracts be
tween passenger and carrier.
The railroads haze right to impose an
necessary and unreasonable hGrdships upon The
patron ichO has bought mileage book than upon tht
patron tChO has bought regular ticket. Yet, wher
the roads require the holder of such mileage book
to go through the redtape process of exchanging his
coupons for special ticket with resultant loss o.
time and perhaps even of money, it does impose ar
unnecessary and an unreasonable hardship And
therefore, as a matter of common right, the State il
duly empowered 10 say that the roads shall cease
to practice this unwarranted hardship upon the
travelling public.
The Governor could as well argue that because
railroad voluntarily carries passengers at a lower
rate than those fixed by the Railroad Commission il
is thereby relieved of its duty furnish for such
passengers to carry their baggage take the
same precautions for their comfort and security
II Il received the maximum rate of transportation
The Governor does argue, in effect. that when
railroad in order to induce travel for its profit
grants lower rate than that fixed by the Commits
sion those persons willing TO buy thousand two
thousand-mile books it by virtue Of such rate
and such a contract completely divest the state o.