Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-03-05
ARGUMENT OF D. B. LUCAS, ESQ.
ON THE RAILROAD BILL:

6eCOuQ S6CtlO0 OF WHICH allowed TallTOau cOus
panies in this State to establish their tariffs
for freight and travel, provided they were
just and reasonable, subject to revision by the
Legislature, anything in their charter to the
contrary notwithstanding; and the other pro-
visions of which bill provided for the appoint-
ment of commissioners to enquire into all mat
ters connected with the railroads in this State,
which concern the security, interest and &C,
commodatiou of the public. and report to the
next Legislature
Synopsis Of the Argument of D. B. Licas
Mr.. Lucas first pointed out the advantages
of our State in its natural resources and loca
ton, and showed that we, by the unjust dis
ordinations against us, lost all these advan-
tages. He further proved that the railroads
in the United States, nowhere and at no time,
in fixing their rates of charges, were gov
erned to any exten. by the rules of Justice,
but that their charges had at all times been
controlled by competition alone, as an exam.
pie, the railraad charges between New York
aud Chicago, during the year 1869, fuctua-
ted from SIS to s37.60 ton, and between
New York and St. Louis, during the same
year, from 81 to SAG. The Erie Railroad
scharges have fuctuated from 4,10 of cent
to 1 cents per ton per mile.
He stated that the above Bill embodies the
result of the legislation in Massachusetts, and
Illinois. 1t refers to the right of the Legis-
latures to regulate the tariffs upon railroads,
and it provides for Board Of Commissioners
whose labors will enable the Legislature to
act wisely and discreetly. he then proceeds
to argue the right OF the Legislature to so
regulate the tariffs upon railroads. The Leg
islature has no power to take private prop
erty for private uses, and not having it, can
not delegate or confer it. The condemnation
of the roadbed of railway must then in
itself be dedication of the road in perpetui-
ty to the public. 1t is public highway, and
though the legal title of it is vested in the
company, it is held in trust for the use of the
public on reasonable terms. IF this be not
true, all our railroad charters rest upon vio-
lation OF the constitution, and are NULL The
condemnation of the roadbed vests certain
rights OF private nature in the company, and
others of no less sacred character uest in the
public.
The ordinary legislation cannot fix by an IRE.
pealable law the tariff of charges upon rail-
way, either in its charter or by any other act of
ordinary Legislation, but the same must always
remain subject to regulation by the Legisla-
ture, upon standard just and reasonable to
both the company and the public. The
power of the Legislature to increase the
charges above those permitted by the char .
ter, has never been doubted but the power
to diminish them is questioned by many
The two powers rest on the same basis, and
must stand or fall together. The public have
as much vested right in the use of the road
as public highway, as the company has a
vested right in the road as private property
which may be taken uporf the payment of just
compensation aud of that compensation the
Legislature alone can judge, until and unless
some other tribunal is established
There is marked difference between the
rights of corporations strictly private and
those which are semi-public. The one ac-
quires property in the same manner as indi-
Viduas; the other acquires by virtue OF the
principle tina. private property can be taken
on certain terms for public use, and such
property so acquired must be held subordi>
nate to such use.
The right Of restraint upon these roads
generally is derived from, public policy, just
as the right of restriction on the rate of in
terest. 1t seems difficult to sustain the RICH.
OF the Legislature to limit the charge for the
hire M Of -, IL =
would command twice the amount limited
Yet on the ground of public policy it is done, |
and the power to enact usury laws is unaues-
toned.
The history of the struggle between the
coal mines of Pennsylvania aud the railroad
companies, which lasted from 1867 to 1870
Is given. The exactions of the railroad com
pan'es in their charge for freights for coal
became so excessive as to produce widely ex-
tended commercial distress, inconvenience
disaster, poverty and ruin, resulting almost
in condition of civil war The st1ng.,.
ended in the Pennsylvania Legislature pass,
ing law regulating railroad freights ON coal
as required by public policy. Such law
will be sustained, not only as required by |
pubic policy, bnt for the reasons first stated |
1t is asserted on the other side that if the
charter established maximum rate, legisla,
tive reduction is unconstitutional, as an inter
ference with the vested rights of the COM
pany. They of course mean priDate rights
OF the company, and here is their error, as
the companies are quasi public. If they were
correct they you'd not deny that private pro.
perry may be taken for public use, on pay
ment OF just compensation to the company