Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1873-04-15

m;ttee:
BY your generous indulgence, am here
as the representative Of the Atlantic, Ms
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.
+ INFRINGEMENT OF THE RIGHT OF RNI-
NENT DOMAIN.
We might, ] 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 comprchcnding
a. il does the overthrow of that inner
ent right Of the people, safely submit the
case 10 their great grand jury, the Legs
nature. upon the plea of incompetent jUris-
diction. And while l shall not presume to
discuss a branch Of the question living so
ENTIRELY without the range Of my vocation,
vet may be permitted to advert briefly to
The results Of the proposed law in its 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 lust compensation that tn COnSti-
tuted representatives Of the people alone
can determine when the exercise Of this
power is right, and then must be governed
nv the rule of public policy, considered not
with reference To individuals or even the
public lite 'ests, as measured by a 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, 10 every
citizen and TO every interest, either humble
or potential, is secured the right of a hear
ing, and public policy is Diet rmineiby that
rule, which justllies the ,ubOrdinatiOn Of tn
rights and interests Of any portion of a
constituency less than the whole. This Is
an inaienable right Of the people, it con-
tinues with the body polite, and its eNer-
else bv their representatives, in the General
Assembly is contempoIaneous.
1.-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 not TO be able 10 continue the exercise
OF them. It's members are made by the
peopie 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,
bv what authority can this high power be
Relocated or its exercise by the representa-
lives 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
I hearing secured TO any constituency, how
ever vital its concern? What becomes Of
that iuda1uent, on which the exercise of
the ri.ht to take private property Is just
fed? Need | say that the employment OF
this delicate power of the soyereign-the
spnropriation Of private property, the con-
Gampttion more or less of other Sstab-
Iished interests, is by the terms OF this
hill renosed in the will or, if YOU please, in
the discretion of - five natural persons"
two of whom NAV be n0n-rcsldents OF the
Commonwealth! Such is the aim and such
would be the effect Of this bill.
Here. then, to anon-reprcsentatlve, ire
spousible and infinitely insignificant por-
] ton Of any constituency, Is RENTED the
mower TO deal with this pre-cmlnent right
f 81 The people-to consider without notice
and for themselves to determine the whole
mcstion of public policy, as 1t may be IN
yol,cd. in whatever scheme such persons,
in their own interests or III shat OF parties
who are foreign TO every sympathy common
10 onr own people, with whose rights and
welfare they would deal, may be engaged
&, nronote-at once to enact themselves
I into body corporate and polite. In fact, by
The terms of the fourth section OF this bill
i will he seen that the " five natural per
sons ~ who first avail themselves OF the
cnorpous powers it seeks to confer, would
he enabled to subvert the policy OF the
4 state with reference to her system OF pub
lie works and to prescribe for her such a.
system as these five naturals, for them
Ives or in the interests OF whomsoeyeri
they might bargain to serve, may prefer
Under this fourth section, the corporation
So created would name the ter1nlnl OF It's
main line and then by innmnerable,
Branches, right and left. cover the entire
suriace OF the state with franchiscS-not
roads mere patents to the right, 70
be exercised at their option. to build
ior not 10 build. Thus the safety and
success OF all our public works would be
put at jeopardy and the very future OF that
greatness, which the native resources and
superior geographical position of Virginia.
enttle her to anticipate, and which, in the
pursuit Of policy conservative of the best