The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-03-22
Merchantfi on the Veto Of the Rail-
road Freight BILL
INDIANAPOLIs, March

A correspondent of the lndianap
oils Journal, who writes over the sig
nature of Merchant, opens bat
tery-more remarkable for the quan
tity of powder burned than for tn,
weight of the projectiles thrown-or
the Governor, for his veto of the bill
to regulate the freights to be charged
by railroads doing business in this
State. a4af
He says that the proposition to com
pei railroad companies to charge uni
form prices for the transportation OF
freight on their several roads In pro-
portion to the number of miles the
same is carried, would seem to be so
entirely just as to be unobjectionable
to the railroads, and to the people of
the country through which they pass.
! Let US test this by an example.
1 Suppose a railroad to be able to carry
a hogshead of tobacco over its entire
line, say 200 miles, for FIVE dollars,
/ would it be just or reasonable to re-
guire the same road to carry the same
hogshead ten miles between stations
and handle it twice for twenty-five
cents? Examples of this kind might
| be multiplied to an indefinite extent,
and will convince any candid mind
that the operations of such a law,
would, in many cases, be extremely
unreasonable and outrageously I'M
just. s.
chant, controls two leading roads,
which run through the State Of Indi-
ana. Gov. Baker thinks that the
Legislature, in giving charters to
these companies, gave them the right
to charge nominal price from Gin
cinnati through this State, and an ex-
orbitant price for carrying the same
freight between two places in the +.
State. If the Governor is correct, I
then these roads can charge
rates, that will be prohibitory, from
indianapolis to Lafayette, and from
Seymour to Yincennes, while by low
prices from Cincinnati they invite, il
not compel, men to buy goods there
and send their products there for
: Now, without. knowing or i. pretend
ing to know what bo Governor Baker
thinEs,' | must ,emphatically assert !
that he has given, utterancee to mo
such proposition In his message, nor,
has he, thereiE said anything from
which such an Inference, can be drawn
If .heegi half as good a. lawyer as he |
entertain any such absurd thoughts as
Merchant ascribes to him. The pith |
of Gov, Bakers objections to the bill,
as expressed by himself is, that thed
State in ,eharteringl Railroad Com
pany, without reserving in the charter,
the right to regulate its tariff of rates, 4
made. a contract with the Company,
the obligations of which,, under the i
Constitution of the United States,
cannet be. impaired by one of thed
parties to the, eontracti that the power
to- regulate the rates of freights by
legislative Genactments, if it, exists at |.
all, exists to an indefinite extent, and |,
may be exercised by the State at dis !
tract, created BY the Charter may be-
abridged or nqllified by one Of the
contracting parties This GovABaker
insists cannot be done, and there is
LITTLE. doubt that every legal mind will i
admit the inYulnerabilityof his POI
: But because no legtstatire. remedyJl
exists, are we to conclude that there
fore there is no remedy for the out
RACES Of which, Merchant and
many others complaint Permit me
to suggest that there is a0Femedy in
another branch of our, goYeramental
machinery, and that the proper way, \
to obtain redress for these. grievances
is by application, on fhe, part of the,
aggrieved, to the, judiciary. hiiw .sti
1.-The Governor, ia his objections, II
clearly recognizes the doctrine that y
railroads are common carriers; and as 1
such, are subject to increased duties b
and liabilities, and surrounded bg'ya- b
riouS res trictio1s which do aetyapply
to others ION big e. EsuId OBJ n9lst .
'IOne ofethe9 duties of a common
carrier is to geceiXe and carry sall !
goods: offered for transportation. by d
any person whatsoever upon oreeeiv-
ing a suitable hire or reward. This is +
the result of his public employment as
a carrier, and, according, to the cus-,E
tom of the realm, if he will not carry B
goods for reasonable compensation,
upon tender of it, and refusal Of
the goods, he will be liable to an &C
ton, unless there is a reasonable
ground for the refusal; and he has no
right to charge one higher rates than
be serves Others for the same SER.
vice. y = story on on BailImfnts, p. 400
Such is the Common Law which
was in force in this State when these. !, t
charters were granted, and to the en-
Of which tbs. public have a
clear and undeubted right s;,c.oa +
The question atfssue is, a judicial. +