, 1870-05-07
vote Of tue people Of the State the question Of 3
thrce-hIths rote on the removal OF county sears.

Adopted -.--..
RAILROAD CORPORATIONS
The report ot the Committee Of tho Whole On
Railroad Corporations WIS then taken up, the
question being on concurrence In the amendments:
The amendments IL the fIss, second, and third
The amendments to the fourth section we're con-
NJ. ALLEN q. c, moved to strike out the last
clause II the section, commencing, And me
General Assembly shall, from time to time, pass
iaS II. cMauRcu lit explained, in reply to a question
from MI. Allen, that IN declaring railroads public
highways, and free to all persons, 1t Is meant that
they are free to all, under such regulations as to
rates Of compensation, &c, as naJ be prescribed
MT. UNDERWOOD argued that the violation Of
vested rights was ytrtual repudlatfon
sisted that their recognition as construed b. his
colleague must eventually lead to revolution.
Mr. PARks asked II the present aggress'ons
upon railroads might not lead to the refusal Of
railroad men to build more roads-
Nj. ROSS defended the necessity OF tue portion
Of tho section which 1t Is proposed to strike ont
While e1lflh Of the people were producers, fout
tfths Including n[ggcts, ministers, lawyers, doc
toEs priests, etc, fleece the producers and cat up
III. HAY inslsted that the common Law RENE
dies could CORRECT all rat1road abuses, and he de-
MED the right to pass 1--we establishing maximum
rates OF charges for the transportation of passen-
Iii: TURNER argued that the fourth section
would destroy the railroad interests Of the State,
and no more railroads would be built II abuses
existed, the common Law would correct them.
The litiiculty was that men who suffered from
abuses Were too stfng to seek the common law
ME- H. ALLEN u. G, moved to now concur In the
amendment Of the Committee Of the Whole, that
Mr. ANTHONY read several decisions to show
that the State, under certaln circumstances, can
excscise control over railroads, as contemplated
II this section, and he was therefore, foE the SEC
Nj III. WHEATON was opposed to striking out the
section: he was u favor ot ascls5in. .aroMads "a
SHOULD bc free to a pcrsons for tho transportation
OF persons and property thereon.
TIE question WEE then taken on striking out the
section as reported ty the COMMITTEES Of the
Whole. Lost-0yes, 10: noes, -.
Nj. WHEATON moved to strike out after tue
Ing words: And shall be free to all persons for
the transportation OF persons and property there
on" Lost-nycs, -; noes, A.
The question Whs then taken On striking out all
all after the worl 1aw," In the fou1th line. Lost
ayes, Is; noes, 81 m.
the Whole, vas then concu1Ied In, and Is as fol
lows:
5EEc7Ios l. Railways heretofore constructed, OF
that may hereafter be constructed In this State,
are hereby declared public highways, and shall be
free to all persouB for the transportation Of
regulations as may be prescribed BY law, and the
General Assembly Bhalf from time to time pass
laws establishing reasonable maxlmum rates oi
charges for the transportation Of passengers and
freight the different railroads tn sht5 STATE, and
| to enforce such laws By adequate penalties. anG
msy provide for forfeiture OF their property anl
franchises.