Page:Federal Reporter, 1st Series, Volume 5.djvu/675

 TILLEY V. SAVANNAH, FLORIDA & WESTERN R. 00. 663 �debt, leaving nothing for dividends to its stockholders. The yailroad commissioners assert that their schedule was framed -to produce 8 per cent, income on the value of the road af ter paying cost of maintenance and running expenses. Which view is the correct one, it is. impossible to decide from the «vidence submitted, There is, however, a conclusive way^ and it aeems to me it is the only one, by which this controversy can be settled, and that is by experiment. A reduction of railroad charges is not always followed by a reduction of either grosB or net income. It can soon be settled which is right— the railroad company's officers or the railroad commission — in their view of the effect of the commission's tariff of rates, by allowing the tariff to go into operation. If it turns oitt that the views of the railroad company are correct, and that the schedule fixed by the commission is too low to afford a fair return upon the value of the road, the remedy is plain ; for the law makes it the duty of the commissioners "from time io time, and as often as circumstances may require, to change and revise said schedules." : �This duty the commissioners stand ready to perform, as "they testify by their affidavît on file in this case. In short, they constitute a permanent tribunal, where the complaints of the railroad oompanies of any action of the commissioners can be made and heard, and any wrong sufEered thereby cor- i^ected. In their affidavit on file the commissioners say that they "accompanied their action by ciroulars indicating their readiness to review their action upon the presentation of suf- ficient daia. The commission may have erred in its judg- ment. There was room for honest error. There was a difference of view in the commission itself as to the proper percentage to be added on the standard tariff rates. But there was no intention to wrong any interjest, nor to adhere to any error when shown to be such. * * * The circulars jnodifying rates on theshowingof the railroads illugtrate8!|;he desire of the commission to conform by doser and yet'qkiser a,pproximation to improved information. " ., The railroad company, after testing the results of the echediileof rates fixed by the commissioners, and findingit ����