The democrat. [volume] (Weston, W. Va.) 1868-1874, 1870-01-31

tatiou, they may transport persons and
aud may clurge- for the trans
portallon Of persons, not exceeding six
cents per mile for each person, including
his baggage, not exceeding $50 pounds,
And for the transportation ofgoOdsi pro-
ducc, merchandise, and other articles,
except gypsum and lime, not exceeding
eight cents per ton per mile. fThis gen.
eral power j, still further qualified by the
provlso to the sixth section Of the charter
gr, nteJ on the 9th Of March, 1877, TO
said company, which rovidesf',l,atthc
Baltimore and Ohio Railroad Company |
shall not be permitted to charge forlrans-
pcrtaiicn or travel 10 or from Baltimore
from or to any point distant more than
five miles in II direct line from the Ohio
river, moro in the aggregate than for
transportation or travel from Wheeling to
Baltimore. Or from Baltimore TO Wheel.
ing respectively, nor more in the uggre-
gate from any depot west of llarpcr's
Ferry TO lslrinoreSI or. from Baltimore TO
such depot, than from any other dcpo,
:norc dis,aHl lroma Baltimore, ITO BALI
mcre, or from Baltimore to such lust.
mentioned dcpot,'' The practical mean
ing Of this is. to restrain the Company
from charging for tho transportation off,
goods, or for travel of passengers, more
from Baltimore to Wheeling than Hfroni
Baltimore to any Intermediate station.
Such being Tile limitations restraining
the Company in The exercise or imposi.
ton Of their charges, it cannot be main
tanned that nhilellic Company arc char
ging for passengers but $3.50 from Bal
timore wheeling, they are permitted
to charge 50 ,25 from Baltimore ,o.Fair-
mont, distant more than five miles in
direct line from the Clio river, or alligh.
er rate for The transportation of goods 10
fFairmont than to the city of Wheeling /;
aud it is due, in fairncss to the Company.
| 10 shy that they eluin NO such power, and
they allcge they have offered amends for
all Irregularities of the kind by their
agents.
With these individual exceptions, no
information was collected or received
tending to show ANY inequality in the
rates charged OF manner of tho service
rendered LJ the Company. unequal.
burthens exist, they ave bsrtlens on Vir-
ginia citizens-not becnusc tlicy arc Vir.
ginia citizens. but because they conc
under the influence of tho Irregularities
of the Company, Nothing showing
discrimination gu tho part ofthc Com
pany against Virginia trade and travel
in favor of tic trade and travel of other
States has come under my observation.
In collecting the information which |
now communicate, was actuated by an
anxious desire to ferret out every act in
the administration Of the Company look.
ing like an odious discrimination against
Virginia interests. If such discrilnira-'
tons existed. it was due to the citizens Of
Virginia that the evils should be correct
cd. If they did not exist it was alike.
due to the Company that they should be
viudicated from lie effects Of such
, charges.
1t may not be improper, in responding
to tho latter clause Of the resolution Of
..l.. II A....-lef- pElse.las.-..,...l:..--.l.s
conclusions Of the Board Of Public Work.
to tho General Assembly, to recommend
aniodifcation ofthe passenger rates and
freight, SO as to, equaliso thom between
tile difforcn. staticns along sud road, but
thss and any other reasonable change de.
sirable on Tie part Of Virginia citizens, l
have no doubt will DO promptly mado BY
tile Company, without Legislative inter
ference on the subject. Let the attention
fof'lhc oficersof the Company be called
to the subject from d respectable source,
that evils exist. aud 1lave no fears that
they will fnpait;llieir high standing by a
refusal to correct them. cor UEIE !,
Basi these reasonable expectations
shall hot be realized, twill become the
duty Of the General Assembly to Inter
pose its supremacy, and correct the evil,
whatever tl'atevil'amsy be- Ho,rIE
;, All such franchises IL is maintained
BY high authority 4 Have 'ho;irTrevocable,
foundation; they are created for the pub.
lie convenience and public utility. and
arc wilhiKl s ordinary scope Of lesisla-
tive function. Madison's explanation in
the Feaeralift shows that tue protection
given 70 eeiitrac.s, by the Constitution,
aprl cs to privatscontracts between man
and man, and not 10 laws. tf9J 5il
y will scarcely be necessary 10 take Il
Step in advance II MI. Madis6i, 10 Quote
authority equally as persuasive 10 tic ef.,
feet tia. the Government cannot become
a partyst to d contfaep ID tie amcaninp Of
the Constitution! ,e;l ( HVa dtlda
II will therefore be seen that the right
cf'the Genet al Assembly TO supcrinttnd,
regulate, or repeal, fnsed III, I tie cor.
porate powers Of a chartered company, is
not'a new theory I'D 9our Government;
nor is il q novel or alarming denial ofthe
insiolability Of contracts under tile Con.
stitution Of the United States
~ an, svdD9t respectfully,
Your most ob't servant,
h'n s1JsM BENNETT.
E-lsA=- ~. - IL =. y IA =
1lps PERsrADEn The Springfield Re-.