The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-04-19

tho General Assembly for the welfare OF
irginia CITIES. s s [
The words g the same point" to indicate
place beyond the limits oil; the State, being
sed In the amendment twice, tautologicaly
nd perhaps Iingrammatically, IN lieu Of the
lords "u,,y-spofnt !" and 9. such point" as
,und in the old law, leave no doubt that tue
NV means that the comparison Of rates pro.
ided for shall not be made unless the
Trough business and the external business
O be compared shalt have had one common
origin or starting place beyond the limits OF
his State. To illustrate: A passenger from
Weldon, N. g., to Richmond has the rightto
demand that tire Richmond and Petersburg
Railroad Company shall netcharge or receive
for his TRANSPORTATION frora Petersburg 10
Richmond aore than it charges or receives
for MESSENGER going st the same time from
Weldon to New York; but be has no taWtui
right to com plain because he is charged more
than passenger going tom New Orleans 10
New YerS.
Upon the railroad just named, for iiluslra-
ton, the local fare from Petersburg to Rlcn-
mond Is $1.25. On passenger from WEI
don, cohp etitive point, the company may
be weH content to get only 81. And as the
point of competition recedes rates may DE
proportionately reduced; say from Raieign
so cents; from Greensboro 70 cents; from
Charlotte 60 cents; from Atlanta 60 cents;
and from New Orleans even % cents upon
every passenger may satisfy this company,
in order to establish long schedule to CON-
pete with other lines. And the passenger
who buys ticket In New Orleans for Rich,
mond cannot be charged by this company
any higher rate than it charges the passen.
ger who at the same time buys ticket from
New Orleans to New York. II.
The words "to any point within tnls
State" were struck out OF the old law, ana
in their place were inserted the words "t0r
any one of the cities of Virginia" TIE
same alteration, as has been seen, was made
In the second sentence of the section as
amended. Considering that all the towns,
villages, stations, country stores, manuiacIo.
ries, mills, and mines Intervening between
the cities have been thus, not inadvertently
but deliberately, excluded from the oenehes
of this protective legislation, it becomes EVIL
dent that the country members of the Gene
raj Assembly, approaching the importance
of building up our own cities, have gener-
ously adopted policy tending TO break up
the direct trade between country places ana
cities outside of the State, which has proved
so Injurious to the interests OF jobbers ana
commission merchants In the cities Of Yir-
GINA. .r,..U ...t~ :. =.
And now, reading together and comparing
carefully the second and third sentences OF
the amended section %, In seems to be their
joint effect that passenger or matter OF
freight going from Virginia city out of the
State may demand that he or it shall not be
charged higher rate than the lowest rate
charged upon the like class of passengers or
freight coming from any point whatever be-
yond the State and destined for any place
beyond the limits Of the State. In other
words. the lowest rate received on THROUGH
BUSINESS, from whatever points, even the
most remote, is declared by the amended
law to be the maximum rate chargeaole upon
either passengers or freights going from
Virginia city and destined for any point be-
vond the State. For example: If the Rich
mond and Petersburg railroad company re-
ceives only twenty-five cents that Is to say,
one cent per mile-for a passenger going
through from New Orleans to New York,
then that company cannot lawfully charge
passenger going from Richmond to Weldon,
n. c., higher rate than one cent per mile,
or twenty-five cents for the whole length OF
its road.
Railroad men will develop the practical
applications of the rules thus established by
law. Some Of the results may be curious.
The fourth sentence Of the new section
%, as amended, is compound and peculiar.
1t must be divided into at least three clauses
or sub-Sentences, as follows:
/. "Nor shall any such company or other
common carrier violate or evade such condi-
tions in or under any manner OF arrange
ment by schedule. tbrough-ticket fares.
through transportation bills ard rates."
Ii. "Nor by contract or otherwise under
take to rent, let, or farm out the whole or
any part of its local or through-tonnage bu-
siness."
III. "Nor employ on shares or on COM
missions any person, party, agency, or corpo-
ration to solicit or otherwise procure. the
whole or any part of such tonnage business"
In those parts of the law as amended
which precede the above extract there is
nothing that can in any proper sense be called
q .'condition';; there is nothing but prohi-
bitions- Legislative rules forbidding certain
persons and corporations to do things which
other wise would be lawful. Therefore, the
words "such conditions in clause l., if in-
at all, must relate to said prohibit
tions. In this view the said clause |. seems
forbidden to be done directly; and its mean
ing becomes apparent.
Clause III. above quoted does not forbid
the employment of any person, party, agen-
cy, or corporation to solicit or otherwise
procure tue whole or any part Of such ton
mage. business. either local or through. 1t
only undertakes to regulate the mode Of pay.
ing or compensating such employees, to the
extent of eracting that they shall not be paid
in the mode commonly known by the words
" on shares or on commissions" They may
be employed aad paid by salaries orpe- diem
wages, or indeed in any other way than the
way specially forbidden. The N olive Of the
General Assembly may be unfathomabe;
but its me ming is Hnquestionable.
At the first blush sub-sentence or clluse
H., takes as q distinct enactment, seems |
to declare that 40 company or carrier shall
rent, let or farm out the whole or any part
of its local or through tonnage business. To
this construction there are fatal objections
l. The renting, the letting, or the farming
out Is not forbidden, but only the under
taking TO rent, let, or farm out. g.. ... ,..
2. Such contracts as are now made with
the express companies are not forbidden;
because the statutes, and especially the rev.
enue laws, are full of recognitions of such
and such relations and duties as
heir contracts establish and impose; and
llso because The very statute now under dis
,ussion in a previous sentence recognizes
he employment and interposition of per-
ons, parties, or corporations expressly al.
owed by law.
8. The tonnage business of a transporta-
ion company cannot in the nature OF things
&c rented, let, or farmed out in any technical