Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-03-26


BY statute of 1852, the Supreme Court was
authorized to appoint commissioners "who
should determine all questions between the
parties in relation to the transportation of
freight and passengers, and "shall determine
tn manner in which said business shall be
done and apportion to said corporations re-
spectvely their just share Of the cost and expense
of doing the said business, and of the receipts
and increase from the same"
Under this statute J. W Brooks, president of
the Michigan Central Railroad, Isaac Hinckley,
and Waldo Higginson were appointed to decide
upon the points in controversy between the
Boston & Worcester and Western roads, with
the approval of the managers of both. Before
them the accredited representatives OF the two
roads appeared, and presented the whole case.
IKE commissioners made report, but the
Western objected to it ON the ground that the
commissioners had exceeded their authority,
&c. This brought the matter to the court. In
Move mber last, the court gave its decision,
sustaining the judgement of the commission
ers. eve see no reason" said the court, 'for
mitted to them, they, 1.-THE commissioners did
not act in conformity to the letter or to the
spirit and purpose of their commission"
So ended, or seemed to have ended, these
difficulties. AS in other arbitraments so in
this, neither party had its claim allowed in full
Who can ever expect it in matters about which
there are diversities of opinion among men
eq ually competent? The Boston road, how
ever, was ready at once, to carry out tho
award. The Western was not it has asked
for neo commissioners, and appealed to the pub.
lie through the press, and is now in the legisla-
ture, asking that commissioners be required to
tr rate per ton on freight, and per mile on
passengers (Which each shall pay to the other
on joint business
Now if all freight paid the same rate per
lance, the parties reached by such a law would
feel it alike; but our readers well know that
no com mon carriers-beiDg, as they are in
surers while the goods are in their possession
ever did, or would, of their own free will,
or ever ought to be, governed by any such
rule. For where is the equity of compelling
the transportation of silks and pig iron, straw
goods and coal, granite and lucifer matches,
baskets and car wheels, raw materials and
manufactured goods, bird cages and trip ham,
mers, all at the same rate per ton? Of one
kind, car will take in ten tons, of another,
one. The single ton may be worth thousands,
and the ten not fifty dollars The absurdity
is too transparent for further remark.
To show the working of fixed rate let us
take one ton of first-class freight from Boston
to Clappville. Its rate is s4,2O. Suppose the
rate of cts. per ton per mile established,
| land this is higher than has been suggested, \
the Boston road would receive 81 80 for A
miles, and the balance (S2,6e) would 90 to
the Western road for its nine miles By the
commissioners award, the Boston and Wor
cester road has $40 and the Western so
cents. With such law as that proposed,
separate interests must spring up, as certain
artieles-such as coarse, heavy. cheap goods
would pay the restricted road much better
than others, and it would favor the class to
which they belonged, as far as it could.
But the decisive objections to this special
legislation are, that it must intensity and per-
petuate controversy, and that it is uncaed for,
our present laws being adequate to meet the
case. The antecedents of those now seeking
it do not warrant the belief that fixed rate
would long satisfy them. II would not be just
to the roads themselves And finally, it is
properly private matter, which should be,
and we hope will be, left to the courts.
This bill was reported by the railway com
mittee, of which Mr. G. A. Shaw is chairman
on the part Of the House. His name is also
attached to memorial to the legislature from
the state directors Of the Western road, asking
for special Legislation in behalf of the corpora
ton This gentleman's position in that body,
and his official relation to that road may ex-
pam, IN part why such a bill had been report
ea' The figures in that memorial are those of