The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-11-02
From the Burlington Free Press.
COMMENTS ON MIX. DpIsse'S I.E;s'-
t.l.t TER. I....
especial Legislation -


A letter of considerable ability, address
cd by Hon. 5. NJ. Dorr of Rutland. IL Hon.
Pitt w. Hyde OF Caslleton, on Inc subject
of railroad tariffs and taxation. Appeared
in the Rutland GLOBE on Wednesday last
We presume Mr.. Hyde will, in due time,
reply to this letter, so far as it relates to
the bill recently introduced by him in the
house for the regulation of tariffs upon the
roads run by the Delaware & Hudson canal
company 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 pait)
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 ''spea
cial legislation" and to insist that the rem
edy 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
railroad managers who are perhaps cor
scious that their extortions admit OF no de-
fence, seize eagerly upon Mr.. DORIS letter
as helping to shelter them against redress
by the cry of especial legislation"
While it may be readily admitted as a
rule that general laws are preferable to
those having only a limited application,
this rule like all Others has its just and sal
utary exceptions; and little attention to
two considerations bearing upon the sub
| ject of the adjustment of railroad tariffs.
will show very clearly that it cannot be
reached by general legislation 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 enactment Their
charters are not subject to legislative con-
troll. 1t was long ago settled by the United
States supreme court that such charters are
contracts between the state and the corpo-
ration. And when the right OF control by
future legislation is not specially reserved
enactments of this character are in contra
ventiOn of that clause in the constitution
of the United States, winch prohibits the
states from passing laws impairing the oh
legation of contracts. Almost all charter.
in this state are now made subject to legis
lation. But the earlier railroad charters il
Vermont are not so. Any general leg
islation on this subject, therefore, woult
be unconstitutional and void, as to euci
roads. So far as5heu eYnY0fcea: and th,
general" legislation would become onl,
especial" in its ultimate effect.
Mr.. Dorr will hardly contend, that i
the grievances of those compelled to sent
their freights by the Delaware and Hudson
roads are such as he admits them to be
proper redress should DO denied, because
the same remedy can not be constitutional
ly applied to other roads against which
there is no ground of complaint
But if such remedy could be legal,
enforced, as against all the railroads alike
with what justice or proprety should it b.
applied, where no occasion for it exists
The process of subjectng railroad charges
to the adjustment of board of commits
sioners, and compelling the managers t,
attend and defend themselves before such
tribunal, at the instance of any party claim
ing to be aggrieved, is a remedial one ant
can only be justified where it is shown Il
be necessary to the protection of the public
We are informed that the producers O
marble and slate, who are now appealin:
to the legislature, have no complaint t,
make against the freight charges demande,
by the managers of the Central and Rut
land, and only ask from the Delaware AM
Hudson the same rates that have AWAY
been cheerfully accorded on those road
controlled by Vermonters
The complaint of Mr. Hyde and the larg
interests he represents is, that the railroa,
extortions to which they are subject ar
disastrous and gripping to their business
that they have been long continued, and II
the present depressed condition of bushes
have become intolerable and that all eff
forts and circumstances have proved una
vailing for their redress. Whether thi
complaint IS well founded or ndt, will b.
for the legislature to ascertain If not
there may be ro occasion for any legisla
ton at all. If 1t is, that legislation will
probably be agreed on all hands to b.
general" enough, that is, as general a
the evil it is necessary to redress
The matter of railroad taxation is on,
that has nothing whatever to do with thi,
subject, one way or the other. If anythin!
ought to be done in that direction, it Should
be by separate and independent action
which, of course, would be general in it
application.
The Springfield Republican says: Senec,
M. Dorr of Rutland writes an able, opei
letter to Pitt Hyde in favor of state con
troll and taxation of railroads.