Page:Federal Reporter, 1st Series, Volume 5.djvu/662

 050 FEDERAL EBPORTER. �of the Savannali, Florida & Western Eailroad Company ; and of C. H. Phinizy, president of the Georgia Eailroad Company, were read for the complainant, and the affidavit of the rail- road commissioners was read in their own behalf. �Robert Falligant, for complainant. �Clifford Anderson, Att'y Gen., Robert Toombs, and P. L. Mynatt, for railroad commissioners. �W. S. Chisholm, for Savannah, Elorida & Western Eailroad Company. �Woods, C. J. The question for solution is whether the case made by this bill and amendment, and the afSdavits in support of it, entitles the complainant to the writ of injunc- tion as prayed for in his bill. The first inquiry that arises is, what are the rights of the Savannah, Florida & Western Eailroad Company under the law of its organization ? On behalf of the complainant it is averred that the railroad Com- pany has the right, v?ithin limits prescribed by the charter of the Atlantic & Gulf Eailroad Company, to fix its own sched- ule of freight and passenger fares, and that this right is not subject to legislative control. �It is settled that railroad companies are subject to legisla- tive control as to their rates of fare and freight, unless pro- tected by their charters. Munn v. Illinois, 94 U. S. 113; Chicago Street R, Co. v. lowa, 94 U. S. 161. �When the charter of a railroad company allows it to charge maximum rates of fares and freight, but the right is reserved to the legislature to repeal or amend the charter, it may change the rates prescribed by the charter by establishing a maximum limit beyond which they shall not go. Peik v. Chicago, etc., Ry. Co. 94 U. S. 164. �By the act of the legislature of Georgia of February 29, 1876, entitled "An act to enable the purchasers of railroads to form corporations, and to exercise corporate powers and priv- ileges," under which the Savannah, Florida & Western Eail- road Company was organized,. it was clothed with ail the rights, privileges, and immunities of the Atlantic & Gulf Eail- road Company. It is necessary, therefore, to inquire what ^ere the charter rights of the latter company. It was organ- ����