Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-06-26
LEGISLATIvE CONTROL OF
FREgGHTS.

OF pubic dJJcutlOu III NV
ture. The Supreme Court OF Minnesota
have decided, in effect, that when the
Legislature has not, in express terms, par
ted withsuch right, they have the power
to regulate, control and fix the rates to be
charged for the carrying of passengers
and freights In Vermont, all, or
nearly all railroad charters, have, in ex-
press terms, contained a reservation of
the right of amendment, alteration or
repeal by future legislation. The fur-
Their provision is contained in nearly ali
of our railroad charters, absolutely TAX
ing away from the companies the right,
in certain cases, to regulate their own
passenger and freight tariffs. The char
ter of the Vermont and Canada railroad,
for instance, says, in substance, that the
company may regulate the time ana
manner in which passengers and prop
erty shall be transported, and may
collect and receive toll and charges for
the transportation of passengers and
freight as they may, from time to time,
fix; pr0gided that the Supreme Court,
son application of ten freeholders in
''any town through which the said road
''passes, may alter or establish the rate of
''toll upon said road for term not ex-
''ceeding ten years, at one time. The
court were, however, prohibited from
fixing "the rate of toll at SO low fig
ure, that the stockholders should not re-
ceive "twelve per cent. per annum,
"after deducting all the expenses OF the
corporation" The charters of the Rut-
land and Burlington, Rutland and Wash
ington, Western Vermont and other
railroads contained, substantially, the
same provisions, the limitation of the
amount of net profits to the stockhold-
ers, varying with different roads. 1t is
needless to say, that with all the talk
about railroad monepolies, extortionate
charges for freight, ETC., no application
has ever been made to the Legislature or
Supreme Court to fix "the rate of toll.
The law IS ample, the remedy is COM
plete, but, unfortunately, our railroads
either with high or low crates of
toll have not been very much in the
habit of paying "twelvc per cent. per
annum to the stockholders, after de-
Quoting all the expenses of the corpora
tion."
Legislatures ia other States, are at
tempting to regulate passenger and
freight tariffs, and we are told that ''the
"Illinois farmers have partially succeed
''ed. The railroads are preparing tomake
sat least an appearance of complying
"with the new law We assume that
the second sentence of the quotation is
true, as it will be difficult to find az in
stance where a railroad company has re-
fused complince with any law, unless
the cases of Fisk and Gould may be cit
ed as instances. The real facts of the
case, however disclose that the farmers
If so be that they had anything to do
with it-have injured themselves by the
passage of the law, and the compliance
Herewith by the railroad company. 1t
may be assumed, we presume, that no
railroad company, now in prosperous
condition will RIM their road at loss,
if they can, by another course, make a
fairprofit. There is another fact, which
must, also, be taken into consideration,
and that is that no railroad can sustain
itself by local business. Railroad sta
tistics will show that the passengers car
ried and the freight transported between
the stations on their own road, will not
pay the actual expenses of transporta-
ton. These trains are run solely for
accommodation, and should continue so
to be run. An illustration of this will
be found in the history of the Western
Vermont, now Harlem Extension, rail
road. 1t is a matter of common noto-
riety, that this railroad, passing through
one of the richest valleys in Western
Vermont, when without southern con-
nections or an outlet to the markets of
New York, though managed with the
most rigid economy, was unable to meet,
from its earnings, its ordinary expenses.
So patent did this become to every one,
that the question was forced home to
the residents of that valley, whether the
road be abandoned, or they should con-
tribute of their means to provide con-
nections, that would bring to the road
an extended freight and passenger bust
ness. The means were furnished, the
road extended, and the prospects of
the future are bright.
But whether these facts are true or
false it makes no difference The man.
ayers of the Illinois railroads are acting
upon the supposition and assertion that
they are true. While they do not con-
cede the justice of the law, they pro-
pose to carry freight and passengers at
the rates established by the Legislature.
The former rates were undoubtedly toe
high, and the new tariff may be just and
equitable, but the railroad companies do
not concede it. A local freight or pas
senger Car, they announce, will only be
transported from one station to another,
when it is filled. If car load of freight
is ready to be moved, it will be attached
to train and carried to the station
where it is consigned if it is not filled,
it must wait until it is. And such is,
also, the programme in reference to pas
sengers. From our standpoint, the &C
ton of the railroad companies looks a
good deal like petty spite, but there is a
spice of human nature in it after ALL
We fail to see where the FARMERS of
Illinois" have been partially successful.
OF one thing, it seems to us, there can
be no question that legislatures or courts
will never undertake to prescribe time
tables or the manner of running trains,
unless they desire to kill off all railroads,
and cause wholesale slaughter of pas
sengers. They, or the people, have no
such desire or authority. Their attempt
would be something similar to the clause
in the charter of the Vermont and Can
ada railroad uivin0 tho Sunrprna Cor1rt