Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-11-06
" Special legislation"


recently introduced by him in the House for
the regulation of tariffs upon the roads run
by the Delaware and Hudson Canal Com
pany within this State. In the mean time,
one or two of the points made by Mr.. Dorr
seem to require notice AS calculated without
design, we are sure, on his part) to produce
an erroneous impression.
The writer, while fully admitting the
grievances under which the producers on
the line of these roads have long suffered,
proceeds to deprecate' what he terms " spe-
cial lCgiSlation,' and to insist that the rene
dy proposed by Mr.. Hyde's bill should be
extended by general legislation " to all the
railroads in the State There Is something
in this much talked of distinction between
general and special legislation, specious
enough to impose upon the careless reader.
And As might have been expected, those rail
road managers who are perhaps conscious
that their extortions admit of no defence,
seize eagerly upon Mr.. DORIS letter as help
ing to shelter them against redress, by the
cry of " SPECIAL lcgislation''
While it may be readily admitted as
a rule, that general laws are preferable
to those having only limited applica-
ton. this rule ike all Others has its just
and salutary exceptions; and little atten-
ton to two considerations bearing upon the
subject Of the adjustment of railroad tariffs,
will show very clearly that it cannot be
reached by g'naal legis'a'ion, and ought not
to be-, if it could.
In the first place, most of the roads in the
state. or at least many Of them, are beyond
the reach of any regulation of their tariffs
by Legislative cenactment. Their charters
are not subject to legislative control. 1t
was long ago settled Ivy the United States
Supreme Court. that such charters are con-
tracts between the State and the corpora
lion. And when tie right of control by future
legislation Is not specially reserved. enact
mcntS Of this character are in contrayen-
ton Of that clause in the constitution of
the United States, which prohibits the States
from passing laws imTairing the obligation of
contracts. Almost all charters in this State
are now made subject to legislation. But
the earlier railroad charters in Vermont are
not 50. Any ''genuql" legislation on this
subject. therefore, would be unconstitutional
and void, as to such roads. So far as the
law was unconstitutional it could not be
eniorced;and the ''gcnraf" legislation would
become only ''Y.aal" in,it> ultimate affect.
Mr. Dorr will hardly contend, that if
the grievances of those compelled to send
their freights by the Delaware and Hudson
roads are such as he admits them to be,
proper redress should be denied, because
the same remedy can not be constitutional
ly applied to other roads against which
there Is no ground of complaint
Bat if such a remedy could be legally |
enforced, as against all the railroads alike. |
with what Justice or rror-iety should it
be applied, where no occasion for it exists
The proce~, OF suhiecting railroad charges
To tie adjustment of board Of commits
Sioners, and compelling The managers to at
tend and defend themselves before such
at the instance of any party claim
Ing to be ag-rieyea, i. a remedial one. and
ran only be iu,Jiiic. where it is shown to he
necessary t. the protection Of the public.
We are informed that the producers of
marble and slate, who are now appealing
to the Legislature, have no complaint to
make against the freight charges demanded
" the managers Of the Central and Rut-
and, and only ask IRON, the Delaware and
Hudson the same rates that have always
'een cheerfally accorded on those roads
controlled by Vcrmonters.
The complaint of Mr. HYDE and the large
interests he represents is, that the railroad
ztortions to which they are subject are
sastrous and gripping TO their business
hat they have been long Continued, and in
he present depressed cond .tion of business.
ave become int1lerable a ID that all efforts
nd remonStIances have p -oyed unayailing
n their redress. Whether this complaint i,
.ell founded Or not, viii be for the lesisla-
IRE TO ascertain. If not there may be 10 oc-
'Sion Tor any legislation at all. fit Is. that '
gl~laiion will probali, be agreed on all I
'nds 10 be 'g'"or0r' enough. that is, a.
aneral as the evil it is necessary to redress. a
The matter of railroad taxation is one d
nat has nothing Whatever, to do with this
9leei' one way vr the other If anything C
isht to be done in that direction. it should G
ny separate and independent action, !
meh' OF eoansC would be general in its ap- i'
icatiop> ?