Page:Federal Reporter, 1st Series, Volume 5.djvu/653

TILLEY V, SAVANNAH, FLORIDA & WESTEEN B. CO. . 641 �ThJjBY V. Savannah, Flobiha & Westbbn E. Co. and others. {Oireuit Court, 8. D. Oeorgia. Pebruaiy 9, 1881.) �a. RaILKOADS — FeBIGHT AHD TaBIFP — DlSCEmniATION— Legiblativs CONTROL— COMBCSSION TO FiX RaTBS— OONSTITimoS OF QbOEGIA— �AcT op Gbobgia, October 14, 1879. �An act of the legislature ,of the state of Georgia, approved October 14, 1879, entitled " An act to provide for the regulation of raiiroad freight and passenger tariffs," etc., etc., forbade the raiiroad corpo- rations of the atate from charging unfair and unreasonable rates bf freight and fare, or making nnjust discriminations for the transpciT* tation of passengers and freights ; and provided for the appointment of a commission to prescribe reasonable and just rates of freight and passenger tariSs, to be observed by ail the companies doing busiùess in the state on the railroads thereof. Edd, that such act was not in violation of either the constitution of the United States or of the State of Georgia ; and that the question whether the rates prescribed by the legislature, either directly or indirectly, were just and reason- able, was one which, under the constitution of the state, the legisla- ture might determine for itself.— [Ed. �In Equity. Motion for Injunction pendente lîte. �The constitution of the state of Georgia, paragraph 22, § 7, art. 3, reads as follows: "The general assembly shall have power to make ail laws and ordinances consistent with this constitution, and not repugnant to the constitution of the United States, which they shall deem necessary and proper to the welfare of the state." �Paragraph 1, § 2, art. 4, declares that "the power and au- thority of regulating raiiroad freights and passenger tariflFs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariflfs, are hereby con- ferred upon the general assembly, whose duty it shall be to pass laws from time to time to regulate freight and passen- ger tariffs, to prohibit unjust discriminations on the varions railroads of the state, and to prohibit said roads from chargr ing other than just and reasonable rates, and enforce the aame by adequate penalties." �Paragraph 2. "The exercise of the right of eminent do- main shall riever be abridged nor so construed as to prevent the general assembly from taking the property and fran- �v.6,no.8 — 41 ����