Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-18
MIST
PULL BOOKS
ON TRAINS
Supreme Court Ruling Effective
in Thirty Days Unless Rail
Lines Appeal to U. S.

In lengthy decision handed down
in the Supreme Court Tuesday by
Chief Justice Fish, the famous mil
cage pulling" injunction brought by
the railroads of the State to restrain
the enforcement of the State Rail
road Commissions ruling, which was
sustained by Judge Ellis in the Full
ton Superior Court, was reversed. and
the injunction ordered dissolved.
This ruling, broadly speaking, is a
victory for the Georgia Travelling
Mems Protective Association and the
Railroad Commission, and a defeat
for the various railroads of the State.
incidentally, it also reverses the at
titude assumed by Former Governor
Brown, who vetoed a legislative act
of 1912 ordering the pulling of mil
cage, upon the ground that it was
unconstitutional.
Curiously enough, however, the rul-
ing of the State Supreme Court
places the Georgia Railroad Commits
sion in direct opposition to the atti-
tude the Interstate Commerce Com
mission recently assumed on the very
same subject.
Effective in Thirty Days.
That tribunal affirmed Governor
Browns position, and the position of
minority of the Georgia Railroad
Commission.
The order of the Supreme Court, II
it is not estopped by some move up
n tha ri nf tho r.a ilrnahcy ohnpll nn
into effect within the next thirty days
The case originated in a petition to
the Railroad Commission to order
mileage pulling on all the roads in
Georgia. This petition, Commission
ers Gambler and Gray dissenting, was
granted. The roads applied to the
Superior Court for a writ of injuuc-
ton restraining the enforcement of
the order, and Judge Ellis granted it.
The commission appealed and the
case went to the Supreme Court. That
tribunal yesterday reversed =, Judge
Ellis. The. test case agreed upon was
that of the Commission VS.. the
Louisville and Nashville road.
The Supreme Courts order now has
ten days to get back to Judge Ellis,
where it must be made his order. 1t
then will go back to the Supreme
Court, where it will be affirmed. In
that shape it may be appealed to the
United States courts, if the roads
so elect.
In its opinion the Supreme Court
holds that the ruling requiring the
pulling" of mileage, save from
towns of more than 10000 inhabi-
tants, is legal and not unconstitu-
tional.
Justice Beck Dissents.
II also holds that the commi Ssior
has the right to regulate the handling
of mileage, Notwithstanding the fact
that it is voluntarily issued by the
roads. and at a lower rate than the
maximum rate the commission is per-
mitted to name under the law.
Justice Beck dissented from the ma
iority of the court, and handed down
an opinion upholding the view of the
minority of the Railroad Commission.
as set forth in the original hearing.
The roads now have three courses
open to them. They may appeal the
case to the Federal Court, or they may
Withdraw their mileage. or they may
issue mileage good only within the
State of Georgia. The Commissions
ruling does not and can not apply TO
Interstate business.
The Interstate Commerce Commits
sion recently held that the rule of the
railroads requiring mileage strips to
he exchanged for tickets Is reason
able" and that ii can not be inter-
fered with in interstate business.
Brown Held Same View.
This is the view Governor Brown
took, when he vetoed the Legislative
act Of 1912. seeking to enact the very
order of the Railroad Commission up
held by the Cupreme Court
LAWYERS generally appear to think
the decision of the Supreme Court,
Far from clearing up the situation
With respect to mileage pulling, "
merely complicates 1t worse than
ever Notwithstanding the fact that,
IN the surface of things, 1t seems TO
he a big victory for the travelling men.