Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-17
THE VEXED QUESTION.

A Minority Report in Favor OF House
BiII 10 Prevent Railroad Diserimi.
nations.
Messrs. Neal and Gates, members Of the
| Judiciary Committee, submitted a mi
noEity report in the House, yesterday, dis
/ senting from the report Of a majority Of the
! committee recommending the rejection Of
| House bill to prevent railroads from dis
eliminating in freight tariff, etc. They
| dissent from the proposition announced in
| the report Of the majority, that railroads
should have the same right to make their
| contracts as is accorded to individuals.
| E'.In fact and law, the proposition" the
minority say, ''has 10 foundation. We be-
liege the law tC be that the State BY virtue
Of its sovereign powers and eminent do
main has 4 right to regulate the franchises
Of the creatures Of its power, and it is our
opinion that the public interest demands
that the right should now be exercised.
Railroad corporations are mOnOpOlies, by
the exercise of exclusive franchises, and
certain territory is made subseTy lent TO
their particular interest.
"By the English common law common
carriers never had the right to contract as
individuals have, but from time immemO-
rial, they have been subjected to burdens
and restrictions not imposed on natural
persons. These carriers are the only
bailees who are compelled BY
law to be usurpers. Their public
functions are somewhat analogous to those
Of inn-keepeTs, with corresponding duties.
The Parliament of Great Britain has made
stringent laws against determinations by
railroads, to the prejudice of other railroads
OF any subject. The English courts have
adiudicated these enactments u be bind
ing, and have imposed the penalties they
provide for their violation. The univer-
sal custom in every State in this country
has been to place restrictions upon, and eZ-
ercise control over, these corporations in a
way and 10 an extent not adopted towards
individuals. The State Legislatures
have an UndOubted right TO interfere
in contracts affecting public policy. They
can regulate the rate Of interest, and in
their sound judgment may restrain the
mOnay-leudeT and borrower from contract
ing as they may choose. They thus PIE
vent the oppression of the weak by the
strong.
"The Legislature could not, ins1Sj1-2,
have intended that the Chattanooga road
should charge the Louisville road less than
for similar transportation conducted in
their own cars. The arrangement by
which the Chattanooga road charges the
Southeastern road mere than it does the
Louisville road, would. according 20 the
spirit Of the act of 1S51-2, require the
Chattanooga road to carry the freight of
the Louisville road for less rate than if the
goods were carried in its own cars.
1--WE deprecate the opinion expressed by
the majority Of the c0nlmittee that separate
State action is worse than useless and
that relief can only be secured by Con-
gresSiOnal legislation insuring fair dealing
among interstate roads. The States have
granted their domain to these creatures Of
their power, have bestowed on them high
preTOgatiyes, have loaned their credit TO
them, and the railways are a large element
in the wealth of every State. Shall practi-
cal control of these interests pass by the
voluntary act, or passive inactiOn Of the
States, GudeT Congressional control, inviting
Federal interference?
''In view Of the law and upon principl, .,
we would respectfully urge the propriety
and necessity If each State maintaining
and securing its interests and those Of its
citizens. without Interior aid or intrusion.
VIC lilttciS.lLli4 thdL NOllslcoo Cdll CLlLSt OLL-
~ such laws as are authorized by the Con-
stitutiOn of the United States, and we con-
fess ourselves ignorant Of anything in thai
instrument which authorizes Congress TO
interfere with the highways, the cemeteries,
the places Of public amusement, the no
tells, the schools, or other domestic or inter
nal affairs of a State
The report concludes with the recon-
mendation that the bill in question be
passed.