The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-02-01
Free Railroad Law.

70" |
The Committee to whom this law was
referred by the House had another sitting
yesterday afternoon, in the Hall of Dele
gates, and some little progress was made
in its consideration and hearing. Major
Sutherlin addressed the Committee briefly,
but the time was chiefly occupied by
Messrs. Moncure Robinson, President
of the Richmond, Fredericksburg and
Potomac Railroad; Peter V. Daniels, Esq,
and General Malone, in opposition to the
passage Of the law, the General not con-
cludhg his remarks at the time the Com
mittee rose.
We were present and took some notes OF
the discussion, but they did not prove Of
sufficient importance to take the place of
other matter pressing for insertion in our
columns. Both President Robinson and
General Malone dwelt upon the terrible
calamity that would come upon the great
| Commonwealth of Virginia, shorn as she
now is of so many badges of sovereignty,
if she suffered herself to part with her
inherent sovereign power of controlling pri-
vate property for public uses. or her right
ofeminent domain, as the thing is expressed.
Of course, our more intelligent readers
perfectly well understand what this right
is, and know, as both MIR. Robinson and
General Malone must know, that the State
no more parts with it in granting a rail-
road charter, with general or special pre-
visions, than it parts with its own existence
or that of the imam in the moon." This
right of "eminent ~domain," hurled with
such fearful and ominous f~orebodings at
the heads of this Railroad Committee, is a
thing that no State can part with
or ever does part with, except to another
sovereign poage,. 1t sometimes parts
with it to the Federal government
for such uses and purposes as Congress and
the State Legislature may deem materially
serviceable to both governments /; but, if it
were to grant a hundred railroad charters
at one session, it would not part with one
iota of its right of eminent domain. II
would merely exercise that right for The
benefit Of the parties seeking to build q
railroad, that is all. Whether the parties
obtaining a charter should build theii
road or not, the paramount right of the
State to override absolute ownership ir
property, or the right Of eminent domain
would remain precisely the same in thu
State, to be exercised by its legislature al
that body might deem it for the best inter
ests Of the Commonwealth that it. should
be exercised.
Both the gentlemen named as using this
argument before the committee, must know
this as well as we can inform them. |
!, either Mr.. Robinson or General Mahon,
imagine that the State has parted with it
t right of eminent domain in, to and orei
the land purchased and owned by thei
| respective companies as a right of wa,
: simply, they are two OF the most thoroughly
mistaken gentlemen in the whole State o
5 Virginia. For if they absolutely posses!
this right, as the United States possesses
it under grant from the State ofthe''exclu
sive right of eminent domain" in propert,
, obtained for military and naval posts with
in the limits of the State, then the Legisla
ture can no more grant a charter to anoth
: er road, crossing either of theirs, than /
can authorize the building of a road througl
Fortress Monroe, or the Gosport Nav,
Yard.
. But perhaps the gentlemen did nc
6 mean all their language implied, althoug
they both spoke repeatedly of the State a
parting with its right of eminent domain j
= the adoption of the free railroad law unde
consideration. We have not time to-da
. to consider all the objections urged b
= General Malone to the proposed law. Hi
: speech, which was in many respects a
able one, may be further considered by u
q on Monday. Certain other points of oil
lection made by him to the law, can /
. readily refuted for if any validity attacht
. to them, it could hardly have escaped til
very close scrutiny to which each and ever
> of his objections must have been subjected
. in the passage of the free railroad laws o
3 so many other states.
Q
n Rights of COlored Citizens.
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