The weekly Louisianian., 1874-03-14
RAILROAD QUESTION
CONGRESSIONAL CONTROL OF
RAILWAEREGULATION.
ErKADER, a., Feb. 25, 1874.

E1KADER, 1a., Feb. %, 1874.
TO the Editor Of The Chicago Tribune:
SIR: While public attention i
sturned towards railways, and every
thing that relates to their management
and control is of public. interest, j
I,may not be considered inopportune t.
enquire, in the Light Of suicidal deci
and upon principle, how far til
;,law-making power of States and tn
Nation can go in rcs;ulatirgand control
sling these enterprises. And it may b
'properly said that railways are no
chartered primarily for the benefit O
their stockholders, but rather TO
! THE BENEFIT OF The PUBLIC
who are to use them. They are publ
highways, to bo used for purposes o
travel and traffic, upon fair and equa
terms, by all citizens who choose. t.
use them. Thier owners are in Lax
held to he common carriers, and it i
well settled that they r bound to car
,.ry oil who apply, unless they have
reasonable excuse for the refusal to d
$50. And a legal writer Of recognized
has recently said: cit is con
'ceded, we believe, upon all hands, at tin
present time, that all railways which
become common carriers are bound, by
|thc rules of the common law, to carr,
for all who apply, for reasonable
compensation, and to make no un
reasonable or unjust discriminate,
I:mong those who desire to employ
iIthem. Judge RedGeld, in the Ameri
can Law Register for January, 1874
But, while this is true, without an,
'lonbt, it is yet a fact that there j:
great difficulty in a~sse1taining wlla'
reasonable compensation is. The
of railway companies viii
uniformly say that their rates are
reasonable and just; while perhaps
their rates are double at non-ccmpe'
|ting points. A judicial inquiry cs tt
what are reasonable rates would be
controlled l>y the evidence offered, and
would probably
NEVER BE TWICE ALIKE.
It is very evident that the fixing Of
Rates carnot be left to railway-mana'
gers, because although their rates AZ
often fair and just, they ere very often
unreasonable and unjust. If left with
but control, they a place the rate SC
high that the producer will have bat
little left for his labor and capital ex.
pended.
What shall then be done? Shall We
say that railway companies are beyond
the control of the people, and that
their own will and discretion shall be
the measure of their exactions upon
the traffic and travel OF tho country :
No, indeed. We need say or think NJ
such thing. Railway companies are
persons,-artifcial persons,-and, as
such, subject to the laws Of the land.
But the railways have, SO far, outrun
They have, perhaps, had
too much steam. While the legis-
affecting railways has been
that of States alone, the rail-
ways have been consolidating and
frightening, until now it is not un-
common for a single company to
control from 1000 to 5000 miles OF
road, and to extend its lines over half
a-doZen States.
srATE LEGISLATION CANNOT CONTROL
these heightened lines; for, as judge.
Redfeld says in the article quoted
from above, "When the question
comes to be finally examined, from &
legal point of view, with reference to
DIR complex system Of government, it
will at once appear that the States
have no power to charter or to build
md control railways, except within
their own limits, and for the purpose
If doing business within the State.
The moment any highway, whether
ior ordinary travel or for railway
transportation, is carried across the
inc of a State, it ceases, even as an
Incorporation, to owe any allegiance
% the State where it originated.
If this be true, the State Legislation
remedy existing evils, It can
regulate, within narrow limits
rattle within the State; while the
~,rticles to be carried-like wheat, corn,
,r pork-may have to be- carried
a dozen States, each of
which may have different laws applica-I
Die tc transportation within its borders.
State legislation is subject to great
luctuation,-to changes both wise and