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VOL. V.
AMERICUS, GEORGIA, WEDNESDAY, MARCH 5, 1884.
mm
Americus Recorder, i tHK 1<AtLRUA1) commission.
j ITS POWERS AND ACTIONS ANALYZED.
I am glad to notice thattbe press
rCRMSIIKO HT
w. xj. gujEssrteh.
OFf’ICK OX COTTOX AVEYI'e! j is taking considerable notice of tbe
~ j Rtat0 railroad OommlMioD. When
Tni-Weekly One Year, • #4.00.: lilal institution i3 thoroughly un-
Weekly One Year, - • 2.00. j ‘’eratood by the people, in my judg-
Sunday Issue One Year, - 1.50. j ment the lanr establishing it will
havo to get out of the book. While
PlWMOm&BMSS CARDS
j-j-jyyjgjf-g' - -
Z«. H. CARTER,
' JlTTOliNEY AT LA W,
Ahebiccs, Sumter County,
Offltf, oMFint ,Natl-n«l Bank.
Prompt ktteotl.n elrcn toa'lhn.ino8<rntrB.trd.
Collection- a .pcviatty »nj prompt attention
lionr-ntc-cd. ' ‘ Seo28tf
C7ILMcOROR Y,
A.ttornev tit Law,
ELI.AVI1.LE. Ua.
TKRMF—All claims from f3C or under, £1;
trem |30 tnfico, Un per cent.; over MO, ueteu
t r cent. No charges uuIcm collection* ire made.
A i»rll fr If
DOCTOltS.
Dr. 0. B. RAINES,
SURGEON AND PniHIClAN.
J tier* his proicfcsionnl rcrvice#, with an expert*
t*ncc of 20 Tcnrfp to the people of Americua and
vicinity. Office over Davis *k Callaway'* Store. Rea
dence at corner of Jackson and Church atroeta.
Calls will receive prompt atteuliou. UinSlM
Dr.D.L HOLMWAY,
DENTIST,
AMERICUS, GA.
Work equal to the best Cash rate* i
MIS CEL LA NEO US.
X» O WS’
JAMAICA GINGER
CORDIAL
IS A SPLENDID TONIC!!
(.'tires Dyspepsia, InllRestion, Cramp
Colie, Puin in lb« Stomach and Bowels,
Colds, Chills and Fever, Diurrhcvn and
Dysentery, and all Malaria! Diseases by
stimulating the stomach and bowels Into
a healthy activity. Try ono bottle.
Sold by Dr. John E. Hall, Americus,
On. , aprilZO ly
the Commission has been pretty
fully discussed, it has been in a
running short hand sort of a way ;
its main demerits have not been
brought fully out to view. Let us
look somewhat critically into the
whole concern—inquire into its or
igin, how it is constituted, its pow
ers, duties, and probable effects.
ITS ORIGIN.
This tribunal, so unknown to our
land, so foreign to onr notions of
one's right to control one’s own,
was rot demanded by any public
necessity, was not heralded by any
general public complaint. The idea
that railroad corporations had be
came instruments oi Iraud and op
pression, that they had become too
strong for the suaflle and needed a
curb like this, was an invention
and not a discovery. The thing had
its origin in the greed of commerce,
which sought, by diminishing
freights, to enrich itself. Com.
merco said, “takefive cents per 100
off the freight on corn, and I make
ten dollars more than I now do on
every car load of t’wonty thousand
pounds; add that to the eighty
cents clear money which I now make
on a bushel of corn that cost me
eighty cents, and I reckon I can
live.” And that is about the way
the thing has turned out, Com
racrce clamored for reduction of
freights, got it and pocketed tbe
lion’s share at least, if not all ol
it.
now THE COMMISSION IS CONSTITUTED.
There are three Commissioners
appointed by the Governor with
the advice and consent of the sen
ate, with a salary each of $2200.
They hold for a term of six years,
one being nppointed every two
years ; so that at first one was ap
pointed for two, one for four and
one for 6ix years. They arc sworn
by the Governor to an oath lratncd
by him. Provision is mndc by
which the Govcruor can suspend
any one or ail. Tbe Governor fills
all vacancies. They have a elerk
at a salary of $1200 a year, and are
allowed $500 a year to pay office
rent, etc. In all $8,300 a year.
Printing expense, I suppose, is to
he added to this. We Lave here a
little universe—the Governor as the
sun, the three Commissioners and
their clerks, saUlites revolving
around him—a pretty considerable
unit.
objections to it.
11 | The first objection to the estab-
| lisbment is the expense of it. That
‘ is not much, it is true, still it is
EYE-SALVE! j enough to object about if that little
A.CotsiD, Set. cml Effective Remedy for is all cl( nr Waste.
The second objection is that the
state pays the expense. The argu-
iliatoriDs thekis^t ur utc o'lii t i ment ill support of the Commission
Cures Tear-Drops, Granulations, Stye; is that it was made necessary by
Tumors, Red Eyes, and Mailed j the failure of the railroad copora-
^ > ' K J e boshes, / I tions to make "reasonable and just
AND- MLtsr AND i rnl ^ of/reighl and passenger tar-
Also,cqn.iiy .ffic.ciou. Mnj n..d i »/*” themselves. !f the argument
l"r O ‘8r,.“ B Tu , mirT%VH , « r uium:M s30Un ‘ UI ' ei ' “ that Said
M , !*rcmn. h i.'"Jli , r. , VE*m?y , i,? I corporations should pay the ex.
I CURE FITS!
When 1 nty cure I do not moan merely to stop time
foretime and then have them return as*in, I mean a
•/ rtTCEPi-
TheHEMINGTOh
HORSE-POWER
FIRE ENGINE!
REMINGTON
AGRICULTURAL GO.
(LION. New York
FIRES
■FIRE
MITCHELL’S
Sore, Weak & Inflamed Eyes, i
Producing Taonff-SIghtertneae, and
uaed to advantait*.
■old by «U OruBRllU *t 39 * oil.
pense of the Commission. To
make the slate pay it is much like
paying the line of one convicted of
a crime with the public funds.
The third objection to the Com
mission is that it increases execu
tive power by increasing executive
patronage. Iicre are thiee men
(four) nppointed by tbe Governor,
who may suspend either one or all
of them at pleasure, and fill the va
cant y. In the first place tbe Gov
ernor will not appoint any one who
is objectionable to himself; in tbe
next place be will euspend any one
who becomes objectionable to him
t aflei his' appointment. Intime,
therefore, the Commissions* and
tbe Govepor, with such offiS as
they may see lit to take in with
them, will form a powerful ring
which will run tbe politics of the
state in its own interest—a ring
that it will almost take a revolution
to get rid of. Governments by the
people cannot safely disregard the
rule that the executive should have
no more power than what is abso
lutely) necessary. Hotter that the
executive shoulu he n little weak,
than any too strong. The Gov
ernor of the stale hail power
enaugh already, it was not wise to
give him more. It won’t take long
for this Commission to resolve in
to n mere political police force un
der the absolute command of the
Governor. It has already, to some
extent, been made to answer the
pcfconal political purposes of the
Governor. Let us see.
Two years after the Commission
was organized one Commissioner
hail to be appointed (the short term
of two years being out.) Barnett
was the incumbent, and he sought
reappointment. Barnett was pre
eminently the scholar of the board,
just the man to put with Smith and
Wallace to make the Commission
as strong as the talent of the state
conld make it. The Governor re
fused to reappoint Barnett, and
did appoint Trammel. Subsequent
ly the Governor was elected to the
United States Senate. What mo
tive prompted his action in the
premises ? Was not his action the
result of a calculation ot the
chances F He might have reasoned
in this way, doubtless did : “Tram
mel can do me more good in the
direction for Senator than Barnett
can. The state wants a Commis
sioner, I want an advocate. Many
a man could be found that would
make a good Commissioner, (Bar
nett would make a good one) not
so many could be found to answer
my purpose ns an advocate. Tram
mel cau serve me tbe best.” In
this the Governor may have been
mistaken ; but he was not mistaken
in this, that Trammel would do his
level best for him. Trammel did
do bis level best. Had he been
working for wages, or to pay a
debt of gratitude, or to redeem a
pledge, he could Dot have worked
harder than he did to elect his bena-
factor United States Senator. He
did not hide the tnlent that had
been given him in a napkin, but re
turned it to his master with usury.
Tbo Governor was elected Sennlor
by the skin of his teeth, and it is
very likely that but for the change
of Barnett for Trammel, on the
Commission, he would not have
been elected at all. The moral is,
the more friends a governor who
has aspirations beyond his term
has on the Commission, the belter
for him.
The lesson the people should learn
from this scrap of history is that
this same Commission will soon
become a dangerous and corrupt
factor in the politics of the state,
unless it is got rid of, and the soon
er it is got rid of the better.
Examine this third objection
well it, Mill be found a bard ono to
get over.
POWERS AND DUTIES OP THE COMMIS
SION.
Now let us look and see what tbo
powers and duties of the Commis
sion are. I shall quote the law.es
tablishing the Commission pretty
fully—it will be found in the code ot
1882. Sec. 710 (c) requires the
Commissioners:
1. To make“reasonable and just
rates of freight and passenger tariffs.
2. Reasonable and just rates as to
charges, at any and all points, for
the necessary handling and deliv
ery of freights.
3. For preventing unjust dis
criminations.
4. For charges* for use of rail
road cars carrying any and all binds
of freight and passengers.
5. To prevent the giving or pay
ing of any rebate or bonus, directly
or indirectly.
6. To prevent the misleading or
deceiving of tbe pubhe in any man
ner as to the real races of charges
for freight and passengers.”
See. 719 (!) provides how the
rates prescribed by the Coramis
sioners become sufficient evidence
that said rates are just and reason
able.
Section 719 (g.) makes It tbe
duty of the commissioners:
1. To investigate the books anil
papers of the railroad corpora
tions to ascertain if the rules and
regulations have been complied
with.
2. To make personal visitation
of railroad offices, stations and
other places of business, for the
purpose of examinations.
3. To make rules and regulations
concerning such examinations,
which rules amt regulations shall
be observed.
4. They have full power- and
authority to examine all agents
and employes of railroads and
other persons under oath or other
wise.
Section 719 (h.) Enacts that all
contracts nnd arrangements be
tween railroad companies xx as to
rates of freight and passengeer tar
iffs, shall he submitted to said com
missioners for inspection and cor
rection, that it may be seeu whether
or not they are a violation of the
law or of the provisiomt-of the con
stitution or of this article, or of tbe
rules and rcgulutioLs of said com
missioners, and all arrangements
and agreements whutever as to tbe
division of earnings ’of any kind
xx shall be submitted to said
commissioners for inspection and
approval, in so far as they effect
rules and regulations made by said
commissioners, to secure all per
sons xx just and reasonable rates
—and said commissioner* may
may make such rules—as to such
contracts and agreements as may
by them he deemed necessary and
proper, and any such agreements
not approved by such commission
cent on their capital—none against
loss, or abuse, ol any kind. Con
cede that it is necessary for the
state to take the management of
rail road property. Then, n guar
anty against loss—a guaranty of a
reasonable profit, is a condition
precedent that common honesty
dictates—to seize this property
and run it at the risk of its 'own
era, has all the elements of highway
robbery in It, but murder.
The object of the law is, "to se
cure reasonable and just rates of
freight and passenger tariffs.
The object is a good one, the peo
ple arc entitled to such rates. Tbo
scheme to secure them, however,
must bo a failure, because the state
is not capable of such a thing.
You may turn the whole thing
over to the state without objection
from anybody, and even at the re-
quest of tho owners of tho road
and the state wilt fail "to secure
reasonable and just rates." A tera-
pin can as well turn a summersault.
The management of private prop
erty for its owners, is not an cud
of government, consequently gov
ernment has no means to that end
Wlmt these corporations own is
private properly, as much so as
any man’s mnlc, cow or .pocket
knife. Blackstone, vol. 1. chap. 1,
says “The third absotutc right, in
herent in every Englishman, is
that of property: which consists
in the free use, enjoyment, and
disposal of all his acquisitions,
without any control or diminution,
save only by the laws of the land.”
Here we see that tho right of pri
vate property is 1st absolute, 2nd
inherent. It is not n derived
right. Only “the methods of con
serving it in its present owner, and
of translating it from man to man
are derived from society.” Gov
ernment has no means of securing
reasonable nnd just prices ot arti
cles of merchandise. I don’t mean
that the government is hampered
by any constitutional impediments;
I mean that the thing cannot be
done by government, with, or with
out-leave. Tho act is a huge ob
struction thrown square across tbe
current of our legislation. In
Georgia a male twenty-one years
old, and of sound mind, cannot
hold properly through or by a trus
tec. The property vests in fee
simple in tbe beneficiary. What is
tho Commission but a hoard of
trustees holding lor tho b.ncflt of
tbe rs ! lroad property?
The state cannot “seoure reasona
ble and just rates.” Government
has but ono function, one power,
and consequently, but one duty to
perform, and that is "to provide
security for persons and property."
Managing persons or property is
outside its sphere.
Ex-President Tildcn said “a gov-
enment should oevor do for the
people what the people can ilo for
Tbe Commissioners*re but men,
fallible, and must somettmes err,
do the best they can. It - ■» hap
pens that they can only err to the
hurt of the railroads. Every dol
lar of fair earnings, which they
prevent the roads from making, is
that much unjustly taken 'from
them, and it ie taken precisely on
the principles of the highwayman,
by the hand agalnBt their protests,
against* their appeals Tor-Justice,
leaving them with no meant of
redress. t
Up to date tbe CemmUtlw has
failed to “secure reasonable and
just rates." Tbo corporaitone^are
constantly complaining of injustice.
The commission has foiled to satis
fy them. Every now--and then
somobody complains, that this or
that person, article, jam -place has
bcon discriminated ogttlntt. There
Is about os much dlesatisfoetion
now as before tbe Commission was
established. Rates have been re
duced by the Commission. It does
not follow from that fact that tbe
existing rates are reasonable and
just." Rates can be unreasonably
low, B9 well as unressonably high.
Rates were lower when the Com
mission was established, than when
tbe road* first went to work. 8o,
although reduced, it does not fel
low that they are as low now as
they would be had therebeen no
Commission.
One bad effect of the Commis
sion will he greatly to retard the
building of railroads in the State.
Money will go slow to where it is
immediately soized by the State.
Such new roads as spring up will
likely lie built by existing roads,
not by small capitalists, associating,
to find profitable investment. But
for tbe Comufission it is likely a
road from Macon to Jacksonville,
Florida, would have been built be
fore now. In any view of the sub
ject the Commission is not favor
able to building new roads.
Another bad effect of the Com-
aisslon is that it will reduce the
price of labor. Dividends, as large
as may be, must be had; If the rates
forbid, wages must be reduced.
The dividends must come. Tbe
employes of the roads ore as much
entitled to reasonable wages as the
public are to reasonable rates. If
the Commission had been establish-
oil for the avowed purpose of re
ducing the wages of railroad em
ployes, that result would not have
more certainly followed, than it
follows now. The whole scheme
is, on principle, bad. There is no
excuse tor it. The railroads can
manage themselves under just
general laws. They can bo pre
vented from ebarging more -than
so much. They can be.-mdq to
scale charges' to suit distances.
They can he prevented from dis
criminations against persons or
places, also from paying: any re
bate or bonus. They can be re
quired to serve ell alike, promptly,
i-aoh in bis turn. *
evs, or by virtue of which rates j themselves.” Many a great man
shall be charged exceeding the
rates fixed, shall he a violation of
tbe constitution and be illegal and
void.
The act itself is very suitable
machinery for compassing an im
has lived, acted and dietl without
uttering n sentiment so obviously
true. The people can do every
thing for themselves hut provide
security for their persensand prop
erly. They do that too in a cei
ls jour hair turning gray ami gradually
falling out ? Hall’s Hair ltentwer will n-
•ton it to Its original color and, stupnlsta
tho follicles to produce a new'Mnl iuxut-
iant growth. It also cleanses ilia scalp,
eradicates dandruff, and it s uoiLsgrae-
able and harmless dressing.
The fourth objection to the Com-1 possible end. If it were nn extract laln 9£ " sc ; T ^’ " lakc a ’ it “ te i tin ' 1
mission is that these railroad cor-1 g°i»g the rounds of the press, pur- the etale Uoes “• Sec ' ,r . lt >’ for |,cr '
porting to be a translation of a i sons and P ro P* rt - v bai,1 « «‘ von '
Russian ukase, showing how the
Czar deals with the property of his
subjects when the notion takes
him, it would probably be discred
ited a* something too monstrous
for any despot to venture upon; it
poratious may join the ring formed
by the Commissioners and the Gov
ernor, and rule the whole concorn.
The corporations will not always
antagonize the law. If they can
not get lusticc any other way, they
will buy it. Sixty millions of mon
ey, well inhand,8ki|f-illy managed
everything else is provided and
regulated by .individuals. Busi
ness men's interests, as conducted
and seen from Me individual stand
point, regulates the price of com
modities, tba .price of labor, and
no: discredited, it would be read i tlie v “ lur of mone >'' government
may coin money and regulate it»
value, t. e. it coins money, and says
can, and after awhile will, whip out with a shudder, and furnish some
any tour men in the world. That excuse for the excesses ol the nihil-
sum of monoy is locked up in the ! That it may lie disputed, if named 'a dollar but it can'
railroads of the state. It cau’t get | ‘ fright J ^’wor* one
the person, more brim full of tvr- j lst0 ,ho va,uc " f ,|lu , currenc >'
anny and injustice than this: I Government cannot make a sow
. . , , , , „ , and pigs, and so many dollars,
1. It takes tho whole capital em
ployed in rail roads out of tbe con
trol of its owners into the control
of tbe state.
3. It gives tbe owner * of this
property no guaranty of any per
approximating its value. This
fourth objection is about the worst
of any. A ring composed of tbe
Commissioners and tbe Governor
alone, beaded by the Governor,
would be bad enough ; pul the rail
road corporations at tbe head of tbe
ring, and tbe people are powerless.
equivalents, one of the other. No
more can it say that carrying a
man a mile, whether in a wheel
barrow, or in a tailroad coach, is
equivalent to so roueb. money, no*
worse, n* less.