Imágenes de páginas
PDF
EPUB

ableness of this view is sufficiently pointed out in the extracts which we have submitted. We do not think that great injustice would result from a short delay in the enforcement of the Commissioners' rulings.

Under the law as it now stands we are required to publish for a certain period any schedule of rates adopted by the Commission, and, pending such publication, such schedule is not of force. The period required for such publication would in most instances be sufficient to enable the party complaining to have his cause adjudicated by the courts.

With proper legal provisions for prompt action and speedy hearing before the court, we see no reason why the right of appeal should not be given, so that complaining parties, whether railroads, individual citizens, or communities might be allowed to enjoy a highly valued constitutional privilege; while the public interest would not necessarily suffer thereby.

But we desire to impress upon Your Excellency the very great importance of having such appeals finally decided within the shortest period of time consistent with justice to the parties.

It has been the practice of the Commissioners to provide that their orders requiring publication shall not go into operation short of thirty (30) days after their adoption. Experience has shown to us the wisdom of this practice. This period of time we think sufficient to secure appealing parties their rights in the courts.

We would, therefore, respectfully suggest that any amendment of the law giving the right of appeal from the decisions of the Commission should be so guarded as not to allow a suspension of the action of the Commission for a period longer than thirty (30) days. We do not venture to suggest all the special provisions which would necessarily enter into legislation on this subject. We deem it sufficient that we should very clearly indicate to Your Excellency our opinion as to the propriety of giving the right of appeal to the courts and the necessity of incorporating into the law provisions guarding the public against the evils which might possibly result from any attempt to abuse the privilege.

The Commissioners have had under consideration the propriety of recommending other changes in the law establishing the Commission. We beg to reserve these recommendations, however, for our annual report which will be submitted to your Excellency prior to the meeting of the General Assembly of the State.

JAMES M. SMITH,

CAMPBELL WALLACE, Commissioners.
L. N. TRAMMELL,

A. C. BRISCOE, Secretary.

[graphic]
[graphic][subsumed][subsumed]
[merged small][merged small][merged small][merged small][merged small][merged small][graphic][subsumed][merged small][merged small]
[blocks in formation]
« AnteriorContinuar »