Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1873-03-28
A STATE POLICY OF RAILROADS
SHOULD NOT BE SACRIFICEDTO
PRIVATE SCHEMES OF
BLACK-MAILING OR
SELFISH SPECU-
LATION.
Gen. Mahone's Speech on These Subjects
Before the Senate Committee of
Roads and Internal Naviga-
ton, February l, 1873.
Mr.. Chairman and Gentlemen Of the Com

9attee.:
By your generous indulgence, am here
as the representative of the Atlantic, Mis-
sissippi and Ohio Railroad Company, to
submit the views which that company en-
terrain upon the subject of the bill before
YOU, commonly known as the free railroad
bill, in connection with the general railroad
system of the State.
lNFRING EMENT OF THE RIGHT OF EMF
NENT DOMAIN.
We might, I feel confident, be content
with the consideration of this bill in the sin
gle aspect of its relation to the. great right
Of eminent domain, and compromising
as it does the overthrow of that inher-
ent right of the people, safely submit the
ease to their great grand jury, the Legis-
Iature, upon the plea of Incompetent juris-
diction. And while shall not presume to
discuss a branch of the question lying SO
entirely without the range of my vocation,
vet may be permitted to advert briefly to
the results of the proposed law in it's bear
ing upon the question of eminent domain.
We are taught, as fundamental princi-
pie of civilized government, that private
property can be taken only for public use,
upon just compensation that the consti-
tuted representatives Of the people alone
can determine when the exercise of this
power is right, and then must be governed
by the rule Of public policy, considered not
with reference to individuals or even the
public int tests, as measured by mere
part of the body polite, or by any con-
sideration less than the interests of all the
people as these may be affected by the
particular case. BY this means, to every
citizen and to every interest, either humble
or potential, is secured the right of hear
ing, and public policy is determined by that
rule, which justihes the >ubordination of the
rights and interests of any portion of a
constituency less than the whole. This is
an inalenable right Of the people, it con-
tinues with the body polite, and its exer-
else by their representatives in the General
Assembly is contemporaneous.
"The settled principle is that the Gene
raj Assembly cannot part with powers of
legislation upon questions in which the
public are concerned by any proceedings
so asnot to be able to continue the exercise
OF them. Its members are made by the
people agents or trustees for them in this
respect, and can possess no authority to
grant or sell their power over the trust to
corporations or individuals"
If this be so, would respectfully ask,
by what authority can this high power be
delegated or it's exercise by the representa-
tiyes of the people elsewhere transferred
By the terms of this bill, where is the judg-
ment of The people, upon the question of
public policy, reposed in whom and how
determined? Where is the privilege of a
hearing secured to any constituency, how
ever vital it's concern? What becomes of
that Judgment, on which the exercise of
the right to take private property is justi-
fed? Need / say that the employment of
this delicate power of the sovereign-the
appropriation of private property, the con
demnation more or less Of other estab-
Tshed interests, is by the terms of this
bill reposed in the will or, if you please, in
the discretion of " five natural PERSONS -
two of whom may be non-residents Of the
Commonwealth! Such is the aim and such
would be the effect of this bill.
Here, then, to anon-representatve, ire
sponsible and infinitely insignificant por-
ton of any constituency, is remitted the
power to deal with this pre-eminent right
of the people-to consider without notice
and for themselves to determine the whole
question of public policy, as it may be in
yolyed. in whatever scheme such persons,
in their own interests or IN that OF parties
who are foreign to every sympathy common
to our own people, with whose rights and
welfare they would deal, may be engaged
to promote-at once to enact themselves
into body corporate and polite. In fact, by
the terms of the fourth section of this bill
it will be seen that the five natural per-
sons.'' who first avail themselves OF the
enormous powers it seeks to confer, would
he enabled to subvert the policy of the
State with reference to her system of pub
lie works and to prescribe for her such
.vstem as these five naturals, for them
selves or in the interests of whomsoever
they might bargain to serve, may prefer.
Under this fourth section, the corporation
40 created would name the termini Of its
main line and then by innumerable
branches, right and left, cover the entire
surface Of the State with franchises-noi
roads mere patents to the right, to
..be exercised at their option, to build
II not to build. Thus the safety, and
success of all our public works would be
put at jeopardy and the very future OF thai
greatness, which the native resources ano
superior geographical position OF Virginia
entitle her to anticipate, and which, IN the