The Silver Springs, Ocala and Gulf is being slowly built, in a southerly direction, from a point on its completed line in Citrus county.

The Florida Central and Peninsular is being rapidly extended, a distance of about twenty-five miles, from Plant City to Tampa. The Orlando and Winter Park is being extended from Winter Park in the direction of Oviedo, with the object of connecting the latter place with Orlando. And there is also being built a road from Orlando to Oakland.

A road is being built from Palatka in the direction of the Gulf coast, near Tampa Bay.

The Georgia Midland is under construction, and is projected to run from Valdosta, Ga., to Madison, and on to Deadman's Bay, on the Gulf.

And there are other enterprises, either under way or taking shape, which give promise of making considerable addition to the railroad mileage in Florida.

The recent discovery of phosphate of lime, and the continuous increase of the quantity of it ascertained to exist in many places in the State, is already suggesting the construction of more railroads, and for many of those already built gives promise of largely increased tonnage.

We refer to our table of railroad mileage in the appendix, from which it will be seen that at this time there are in Florida 2,490 97-100 miles of completed road.

DEVELOPMENT AND PROSPERITY OF THE STATE.

And in this connection we remark, referring not only to the present condition and future prospects of our roads but to the general development and prosperity of our State, that numerous evidences exist on every side, the most important of which is the new discovery of the natural wealth lying beneath the surface of our land just referred to, giving gratifying and substantial indications of the rapid growth of our State and improvement in the condition of our people.

COMPLAINTS AND DECISIONS.

At the date of our last report there were pending before the Commission a large number of complaints for overcharges on orange shipments, which, upon the railroad companies refusing or neglecting to refund, were turned over to the Attorney General for suit for the penalties prescribed by the statute. Since the new schedules went into effect, to-wit, since October 15th, 1889, complaints of overcharges, unjust discriminations, or violations of the law, or of the rules and regulations of the Commission, have not been so numerous as theretofore, but each complaint has, in almost every instance, been satisfactorily adjusted. As a part of the "transactions of the office," we

append hereto a report of the complaints which have been made, with such of the correspondence connected therewith, as tends to show the nature and character of each case, according to its importance, together with our decisions thereon. (See Appendix.)

It will be observed that many of these complaints relate to matters over which the Commission has no control-such as inter-State shipments, damages for lost or injured freight, the killing of cattle by the trains, and the like. We are glad to say, however, that in a number of instances we have, even in such cases, been able to bring about satisfactory settlements.

One of the most important questions which has come before us is the one by the Pierce & Torrey Investment Company, which operates the Clay Springs and Apopka Railroad, against the Tavares, Orlando and Atlantic Railroad Company, and of the latter against the South Florida Railroad Company, for track connections under section eighteen of the Railroad Commission law as amended. This is still pending. These are the only applications under said section which have been made to The railroad companies deny the authority of the Commission to compel the physical connection referred to, and it may be that the question will be carried to the courts before it shall be finally settled.

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We do not deem it necessary to repeat what we have said in our previous reports in this connection, as to want of familiarity on the part of shippers with the terms and provisions of the law, and of the powers and duties of the Commissioners thereunder, or of the reluctance with which they avail themselves of the law to secure their rights or redress their grievances, except to say that it is evident that the shipper is becoming more and more aware of his rights, and as his confidence in the agencies provided for their enforcement increases his reluctance to resort to them diminishes; and we believe the disposition of the carriers to promptly adjust differences and to create and cultivate those friendly relations which mutual interests demand and mutual confidence inspires, increases in the same proportion.

PROVISIONS OF OUR LAW WITH RESPECT TO INTER STATE

COMMERCE.

The Legislature at its last session by a separate and distinct act, chapter 3863, made it the duty of the Railroad Commissioners when any common carrier from a point within this State to a point without this State, which is cognizable by the InterState Commission, is charging or receiving more than a fair and reasonable rate of compensation for the service rendered, or is guilty of any unjust and unreasonable charge for the transportation of freight and passengers, or other violation of the InterState Commerce Law affecting the interests of the people of Florida, that it shall be the duty of the Railroad Commissioners

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of Florida to petition the Inter-State Commerce Commission for the regulation and control of the offending railroad company, and generally to take all necessary and expedient measures to secure to the people of Florida the full benefit of the Inter-Commerce Law.

It will be observed that the power conferred by the Legislature on the State Railroad Commissioners to petition the InterState Commerce Commission is broader than the clause of the Inter-State Act (see section 13), which only confers on the InterState Commission the right to entertain and investigate, at the request of the State Commissioners, any complaint forwarded by them. This question is, however, one to be considered by the Inter State Commission, and, in correspondence with them on the subject, they have assured us, through their secretary, that they would entertain any complaints from us. The Commissioners have not as yet exercised this right, but will probably find it expedient to do so in the near future.

SUPREME COURT DECISION.

At the time we submitted our last report there was pending before the Supreme Court appeals by the Pensacola and Atlantic Railroad Company from judgments of the Circuit Court for penalties aggregating a large amount, upon which a decision was rendered May 1st, 1889. (See Appendix.)

This case was decided upon the questions of law as raised by the pleadings. The railroad plead, in substance, that the schedules of passenger and freight rates prescribed by the Commission for that road were unreasonable and unjust, because, if compelled to use them, the road would not earn operating expenses. This plea was demurred to; that is, the State admitted that the plea might be true, yet it was no defense to the action. The court below sustained the demurrer, and from that decision the company appealed to the Supreme Court, and the judgment of the court below awarding damages was reversed and the cases were remanded to the court below for a new trial, at which, if issue be joined on the said plea, the question of fact raised by it will be tried and determined; and if the company shall, by its proofs (and the burden of proof is upon it under the law), "make out a prima facie case sustaining the plea," it will then devolve upon the State (say the court), through the instrumentality of the Commissioners, and any other proper means, to establish the justice of the action of the Commissioners in fixing the schedules of passenger and freight rates, etc. "And upon said trial every source of income of the railroad company can be inquired into, and the necessity and reasonableness of every expense investigated and settled." An extended summary of the questions of law decided by the Supreme Court in this case is not necessary, particularly as the whole of the decision accom

panies this report and speaks for itself, but we deem it proper to note some facts referred to in the decision, which show that not only was this case decided "upon the pleadings," as stated, but that, also, other circumstances peculiar to this road were consid ered by the court in making up their judgment, and this view of the case is important, when it is remembered that the Legislature, after the rendition of the decision, amended the Railroad Commission Law by requiring the Commissioners, in revising and allowing schedules of passenger and freight rates "for the use of any railroad company," to observe the principles enunciated by the Supreme Court in this case. (See last clause of section 7, chapter 3862, approved June 7th, 1889.)

In discussing passenger rates the court says: Confining ourselves to the case made by the pleadings, where only one railroad is shown to traverse the territory in question, it would be idle to say that we cannot take judicial notice that the only means of railroad travel from the western portion of West Florida to the middle and eastern portions of the State were through the adjoining States of Alabama and Georgia." The court had previously said: "Whether under a general law for the incorporation of railroads, like ours, where there is practically no restriction upon the number of railroads that may be built and operated, the construction of additional roads in a section of the State already amply supplied with such transportation facilities would present a case in which the exaction of prohibitory or otherwise onerous rates may be prevented, though it result in an impossibility for some to make expenses, we need not say; no such case is before us. In view of the undeveloped state of the law, each case must be decided upon the facts as it arises." (See Appendix, p. 140.) In other words, "every tub must stand on its own bottom," and the question suggested by the court remain open questions at least.

We are glad, in this connection, to repeat that the railroad companies seem at present to be disposed to act in harmony with the law and the Commissioners, in the observance of the new schedules and rules and regulations, which have heen revised and allowed for their use and direction; an indication that the era of ferment and litigation has substantially subsided.

The circular orders which have been issued from time to time, the complaints, decisions and correspondence, the laws now in force prescribing our powers and duties, together with the statistics, will be found in the succeeding pages. All of which is respectfully submitted.

ENOCH J. VANN,
WM. HIMES,

Commissioners.

Section 22 of the act creating the Railroad Commission makes it the duty of the Commissioners to report to the Governor "the transactions of their office." I concur in the foregoing report in so far as it relates to the "transactions of this office. And as to anything beyond this which the report may contain I express no opinion.

GEO. G. McWHORTER.