The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-12-31
GULATING THE RATES OF
FREIGHT.


fishing the rates to be charged by railroad
companies for the transportation of freight
and passengers The general current OF
opinion, perhaps rightly has been that TINS
law. better known as the "Potter law was
unjust, because oppressive to the railroad
companies. We had supposed until we
noticed the surprise with which the opin-
ion of Judge Ryan was received, that it |
was generally accepted legal proposition
that the clause in an act incorporating |
railroad company declaring that the act |
should be ''under the control of the lcgis- |
lature to alter, amend or repeal meant |
Just what the words imported. And this, |
rs we understand it, is the extent of Judge |
Ryans opinion more, nothing
less. Undoubtedly, a railroad charter
without this clause would he beyond the
control of the legislature. Indeed, this is
the law as settled by the supreme court Of
the United States in the celebrated "Dart-
mouth college case" wherein the court say
that such Il charter is a contract between
the people and the corporation, and that it
comes within the constitutional provision
inhibiting the Legislature from passing
law impairing the obligations of contracts.
1t, then, being constitutional to enact laws
regulating rates of frr,ght, ETC., is 1t right
and proper The avs yer 10 this question
must depend upon circumstances. 1t de-
ponds entirely up"' the acts of the railroad
company and the acts Of the legislature. If
the rairo III is oppressive in its eXactions,
then a limit should be placed thereon but
In making this limitation, due care should
be taken that oppression on the one side is
not met with opprcs ion on the other. AS
to this, however, it may well lie said that
while oppressive cxaclions on the part of a
monopoly or railroad corporation may be
as enduring as tine, that there Can be only
temporary oppression on the part of the
people-for legislatures are supposed to
record only the will of the people. The
sober, second thought of the people is gen.
orally right, and if it should appear that
the rates, established by law, were too low
to afford reasonable profit to the carrier,
the good sense and desire for fair play on
the part of voters would remedy the wrong
--and that without, as some of the press
seem to think, the lavish usc by railroad
corporations, of corruption fund at the
elections in order to purchase a legislature
in their interest This is evidenced by the
,ction of the grangers in Minnesota, as re-
ported by the Boston journal. |, seems
that the legislature of that state Undertook
to regulate rates of freight, etc, and now
the state grange ''has formally declared
THAT the existing state law for the re, ula-
''tion of railroads is expensive and useless
''tO the people, and vexatious to the roads,
land its repeal is accordingly demanded y
vcIy proper action on the case stated, but
IL does not justify extortionate exactions
on the part of railroads, and distinctly dis
avows any desire to be ''vexatious TO the
roads, This is only another illustration
of the "sober, second thought" and the re-
iteration of the proposition that might does
not make right or oppression justify OPP
preston and wrong.
This, mind you, is q general law" which
has been sohighly approved and urged in
certain quarters hereabouts and not a
Especial law" which was, at first, APP
proved, then dallied with, and afterwards,
under certain influences, violently opposed
In the same quarter. This, please under.
stand, Is general law" which is now
said, by the same authority, to he "work-
Ing very much as we expected it would in
% the first place We must confess that
the law is working very much as are OK
pected," but ace never advocated or favored
such law. The proposed law which we
advocated-and which we yet expect to sec
engrafted upon our statute books-was g
have been Especial, and why it was made
Especial" rather than general can bt
found out by dilligent inquiry in certain
other quarters-we know, but the secre
belongs to others who might not like tC
have it disclosed but those "others" arr
not gentlemen connected with the produc
ton or manufacture of slate or marble
The principle contained in the Vernon
law the so-called Hyde bill-meets will
our approval, commends itself TO our judg
ment, and will always receive our supper
whether II IS proposed to be incorporated
in Especial law, n general" law, or
railroad charter. And here we may be per
mitted to ask, in passing what, in effect
was this proposed law but a PROPOSED
amendment to the charter of certain rail
roads? Further, if it should be II fac
proved, admitted or, even, supposed fact
that certain railroads were imposing or
pressive burdens upon the industries of til
people, and the legislature, to meet TIL
wrong, applies the remedy in the form O
an alteration or amendment Of The charter
of the accused railroads, must il, also, a
ter or amend every other railroad charte
In the state ? To 50 claim, seems to us til
quintessencc of nonsense. And yet are nc
these men who pirate about the holiness O
"general" laws and beseech for them while
In the same breath. they decry Especial
law which meets and remedies all the gIie,
ances complained of, precisely in this pG
sition ? Do they not say, in effect, nj III
Delaware and Hudson canal company o
fend as you complain, we will Join hant
with you in applying the remedy If yo
will only include the Central Vermont raj
road and leased lines which you and IN
everybody knows are not amenablo to til
same charges? This may be scnsib
way of legislating, but we cannot see it
that light What did the so-called "IIyt
bill' propose to do What was the pril
ciple thereof Ii did not assume or unde