Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-04-26


governments, is, and must be, inalien-
able. This modern doctrine OF vested
rights-so modern that II came into
being with the celebrated Dartmouth
College case, can not be interpOsed as
a barrier behind which these corpora
tlons may enjoy an immunity from
the sovereign viii Of the people ex,
pressed in their laws.
We have power then to control by
law the railroads of our State, and
now the question is. ought we TO do
It? Ought we to clOthe our Commits
sioner Of Railroads aud TelegEaphs
with authority to control the action
OF railroad corporations in our State,
the power Of which Is rapidly becom-
ing greater than that of the State
itself?
THE RESULT 10 BEPREvENTED-
The disgraceful and deplorable su-
premacy in some of the Eastern
States Of railroad power ought, IL
seems to me, to warn US Of daDgers
The evils which threaten 70 come
upon US in Ohio In an after time may
be greater than have yet befallen the
people Of any other State. Ohio,
from her peculiar geographical posi-
ton between the lake on the north
and the river on the south, thus form
ing an isthmus through which the
great East and the greater West must
traffic. from her vast internal re-
sources. which are being rapidly de-
veloped, from the desire for material
progress eyineed By her people, will
at no distant day be covered by q net
work Of railroads mOna numerous
than any other State in the Union.
The future Of Ohio is to be that Of she
great railroad State Of the American
Union. Already have those gigantic
corporations of the East that to-day
laugh at the idea Of legislative con-
troll in New York, In Pennsylvania,
in Maryland and ia New Jersey, be-
gun to control our Ohio railroads by
virtue of leases and consultations
which this Legislature has hitherto,
very unwisely I think, approved
and, sir, unless we shall do something
TO prevent, while the power yet re-
mains with us. we shall find, when
the future arrives with its 10000 miles
OF railroad for Ohio, that they are
controlled by the GOulds, and Fisks,
and the Vanderhilts of another gen.
Grafton, who viii thus WELD an over
shadoWing power in our State. This
power, exercised solely, as it viii be,
in the interests Of money kings, will
be utterly regardless of the public
welfare and subYersive of the rights
of the individual citizen.
You have ali ready excellent laws
upon your statue books for the pro-
lection of the public, and If these are
not sufficient make others, say gentle
men. The reason why they are so
willing to say this is evident. II
there is anything in a State worse
than the absence Of wholesome laws
it Is the existence of dead letter stat
utes. It is now at the will OF these
whether the laws affect
ing them shall be operative or not.
This power of choice between Obedi-
ence and disObedience is the great fset
upon which the argument for legal
of railroads rests. Many
of these corporations faithfully obey
the laws, but many Of them do not;
In all cases IL is the will Of the large
and not the power OF the
laws over them that determines reme-
dies against them. II they do not
no man can enforce his rights
in a court Of justice against them,
neither can the general public pro-
tect itself, except through lifting and
proper instruments. Unless you
create these instruments, obedienes TO
your laws imposing obligations upon
railroad corporations will be Yolun-
tray with theua, they viii be soveT-
eign, and you may as well surrender
the portfolio of state government into
their hands at once.
EXISTING EVILS.
No man, 1 repeat, in the ordinary
OF life, can now main
tain his rights in a court of justice rs
against these corporations. They can
and do with money, and without fault
upon the part Of. courts, make litigS-
ton so expensive that men Of ondi-
nary means dare not and can not in
yoke its aid. This every Senator
upon this floor knows to be true. a
majority Of cur Ohio railroads, mainly
by Eastern capitalists, thus
can and do, at pleasure, disregard the
rights Of the private citizen, and in
some instances make ruinO1s eXac-
ions from the business interests of
he State.
The result of this is that cities and
States both in the East and West are.
given advantages over our cities and
lur State in many matters OF material
whereby our prosperity LAM
yuishes, our industry Is crippled, and |
lur citizens are systematically swim |
lied to enrich the money kings Of /
he East. Let me mention one in |
itanee of many which ] have in |
mind, illustrative Of the manner in /
which this result is produced. Ship |
)ers from the city of Toledo are |
charged higher rates to New York I
han is charged over the same road to |
from Chicago, two hundred |
niles farther west. 1t is possible I
hat 1 am mistaken as to this being \
he case now, but it was so at a recent !
ime, and may be so again. The re- I
iult of this was that Toledo could not /
with Chicago, and it and the l
whole area Of country dependent I
IpOn it was put at a great disad-
7antage.
Other cities and other localities of
,ur State have labored under similar /
disadvantages, and generally it may |
,e said that. through this cause, the 1
producer in States West has an ad- \
-antage over the producer in Ohio. |
Where competition exists, which is
mainly between points outside of
)hiO, rates are low, and hence the /
)ulk of the money to be made must i
,Ome out of the pockets of the local
hippers. In many instances the
.harges on local freight are largely in
.xc IS Of the too liberal rates indefi-
litely expressed in the old charters.
The Senator from Montgomery (Mr.
)dlin) has in his hands ready for re-
DOrt, with a favorable recommends
ion from the railroad committee, a
ill known as the pro rata bill, which,
{ passed, will remedy this evil If its
,rOvisions can be enforced. / do not
,elieve, however, that it will or can
,e enforced unless the Legislature
hall provide the agency for its en-
as is contemplated for all
avs relating TO railroads, by the bill
low under consideration.
Another evil to which this disre-
ard of legal obligation subjects the
,ublie is exhibited in the fact that
long the lines Of many Of our rail-
Dads where competition does not
xist shippers are often, through the
fleet of favoritism toward others,
Ienied transportation in sufficient
or at needed times, by these
ommon carriers, whereby they are
.ften greatly injured. This occurs
more often, presume, in the coal
mining and iron manufacturing sec
ions Of the State, where larger