The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-03-22
" REGULATING" Rail RnAnS

Nh PRESIDENT: When this bill was be-
fore us last week, did not feel that could
give an intelligent vote upon it, as | had
not sufficiently examined its provisions.
The examination | have since made has
given me clear view of duty, and am
now prepared to vote against the measure.
| am aware, Mr.. President, what the
public idea is i'll regard to alleged unjust
Determinations, exLortions and expressions
i'll the management of the railways Of this
State, and elsewhere
To what particular extent the complaints
made are well founded, have no means of
Knowing That they are PARTLY just |
TIRELY So, have reason for disbelief
So far as | have investigated, | am free
to say there is more injustice than justice
III the allegations made, and charges pre-
fcrred
The extraordinary circumstances of the
past four years seem to be entirely over
looked as proper elements in the considera-
ton OF the question. While, during that
period, every thing required for the use and
consumption Of railways has advanced from
one to four hundred per cent, the necessity
Of an advance i'll railway tariffs somewhat
corresponding with increased expenses
seems to be completely ignored That the
staple products Of the soil have not kept
pace in the general appreciation of values,
aud, as consequence, that producers could
not we'll afford to pay largely increased
rates for the transportation of those prod
ucts, is IA fact we could we'll wish was other
wise. But this is no fault of railways, and
furnishes no reason why they should be
compelled to carry freights at loss or fur
less than would afford reasonable profit Oh
the pital invested. Nor does it afford a
just ground for Legislative interference,
Many poor laborer and mechanic, whose
wages have not advanced over rs to 100
per cent. has been compelled to pay, during
this period, 200 to 800 per cent. more Tor
his beef pork, butter, &c, the producers OF
which have realized large profits. And ali
have been compelled to pay to corporations
engaged III manufacturing enterprises,
| largely Increased if not exhorbitant prices /;
With profits far beyond what railroad corpo
rations have realized from their investment
Of capital
| And yet who, as a means of regulating
these matters, asks for legislative interpos-
ton and enactments. The principle of in
terterepce Ill the one case viz: 1.-The pub
lie protection against oppressive prices =
would seem to be equally demanded III the
nther cases
| In the matter of unjust determinations y
as charged, would not fair understanding
nf facts and reasons, show them to be, to a
great extent at least, a necessity of the stu
alton, with respect to competition at open
points, and especially at river points ; and
would it not be a subject of Just inquiry
whether we should not he placing our own
roads, by the action proposed, in very dis
advantageous positions as regards success
full competition with other roads, not under
the control of this State, and not halnpered
and restricted - u,f.icndly legislation ?
and whether by compelling uniform tariffs
on strictly pro rata principle, we would
net be Gripping our roads in the field of
competition, and inflictiug upon the general
Interests OF the State an injury which would
fall far short of being balanced by any To-
cal benefits to I've derived. These are points
which ccertainly demand fair consideration
In cases wi ere Determinations are uncalIed
for and palpably unjust, where non-compet
ing points are compelled by unfair and arbi
! trary rates to sustain burdens for the bent.
hts OF competing points, and where tariffs
Ill view OF all circumstances. may Justly be
considered oppressive, it is the right and
duty of the Legislature to interfere and
provide proper remedies; and when the facts
are made to appear, and the railroad mana
gers fail to refuse to remove the CAUSES ot
complaint ] will go as far as the farthest
to compel them to conform to fair and lust
pubic requirements
From the fact that With prudent and eco
nomlcal management, tie net earnings OF
railroads Ill this State have never reached
all aggregate sufficient for the payment oil
all average annual interest of per cent.
on the actual capital invested and EN-.
| pioyed, 1t is fair to presume that as a gen.
eraI rule their tariff rates have not been,
and are not exhorbItant.
All corporations Ill the State are the same
i'll the eye of the Constitution and if re.
CARELESS OF the provisions of their charters
to the contrary, the Legislature, under the
Constitutional authority to amend or repeal,
assumes and exercises the right to legisiate
az is proposed by this bill. | fail to see what
security is lett for vested interests and
rights in the Stete.
To prevent extortion, oppression, or un.
just discrimination, on the part of railways
or other corporations, | can understand why
tue Legislature, in the exercise of its author
ity TO ame'sd, should establish just and equit.
able rules for regulating prices and tariffs,
aud provide all reasonable security for pub
lie protection from wrong. And Can un
dersraud why, for fragrant and repeated
abuses Of chartered rights and privileges,
the authority to repeat should he exercised
But fail to see any warrant or ground il.
permitting corporation to exist at iatlef
taking away from it, practically and eiTile.
ly, the management OF it's ON n affairs or on
taking ~ It's franchises, and destroying
It's existence, what right we have to SEIZE,
control, or dispose of ts property
While there is no Constitutional warrant
for any such proceeding | am quite sure
there are no considerations founded Oh pub
lie policy or justice calling for it, or any
public interest that demands it. On the
contrary, it seems plain that every ,rlnclple
OF publlc policy and justice, and every con
slderation OF public interest, are directly
hostile to such ali assumption and exercise
Of legislative power.
The bill before us is not as it's title i'm.
ports, simply "A bill to regulate railroads, y
Dut practically as read and understand it,
to take the possession and control of the rail
roads of this State from the hands of their
owners and place them in the hands of the
State, under the direction of commissioners
to be appointed by the Governor 1t is say.
| ing to parties who have invested their money
III these Important enterprises, which have
contributed and are to contribute, if proper
ly treated aud encouraged more than all
things else to the wealth and progress and
development of the State: You shall fo
longer have the control of your own proper
ty, or the capital invested therein the PEG
pie of the State through their Legislature,
aud Governor, and commissioners, will as
sumo and exercise that control, in accold
ance with their views of the public interest,
entirely regardless of yours :" If the stb
and 9th sections do not i'll effect say this |
am unable properly to understand their
| lauounUa