The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-03-23
NJ Il Nj O RIAL.


sembiy Of tie State Cf South Carolina.
The undersigned citizens of the State afore-
said and residents of Union County, respectfully
show unto your Honorable Body:
That under Section 6, of the "Dcclaration of
Rights" in the Constitution of 1868, the right
"to petition the government or any department
thereof. shall never be abridged" to the citizens
of this State. Under this right, so guaranteed,
your Petitioners respectfully ask the attention of
your Honorable Body to grievance to which
the people of this County, and of other Sections
of our State, are injected, and the most ciiec-
tive remedy whereof your Petitioners have been
advised, is in the power of your Honorable
Body.
Your Petitioners show, that from the earliest
adjudications of cases involving the privileges
and responsibilities Of Railroads, the Courts of
England and of this Country, have uniformly
held that Railroads arc Common Curriers', and
that there attaches to such Corporations al the
duties of Common Carriers at common law. In
late American decision it WAS held that "a
Railroad Company is chartered, and is chartered
solely for the purpose of exercising the func-
tions and performing the duties of Il Common
Carrier"
Your Petitioners further show, that Railroads
arc more than Common Cal riers they are Cor
rorations to whom is delegated by the State II
portion OF her own Sovcreignty-the right
OF Eminent Domain-and farms or WOO Hands,
dwelling houses, even the ancestral homes of
her citizens, the State gives these creatures of
hers the right to appropriate to their use, at
their own sole pleasure.
Your Petitioners further show, as they have
been advised, that Railroads, being Common car
rlcrs, and having; had conferred upc.s ,hsm these
high rights, so delegated for public purposes and
for the benefit Of her citizens the Sovereign State
reserves 90 her Legislature, in exchange there
for, the right to regulate these corporations,
to keep them strictly within their proper lin
its.
When Lord ChcfJuStiee !!olt said that "a Com
mon Carrier exercises public cmployment,''
it WAS before steam had been applied to promote
locomoton but now, where the Common Car
ricr has also accorded TO him, for all his needed
purposes the right OF Eminent domain, it is q
principle which cannot be questioned.
Your Petitioners further show, that in n late
we'll considered case, it WAS said by the Supreme
court o! one oil our largest StateS-'Nc c are oil
opinion t,ftt the Legislature has the clcarcS
right To pass an act for the purpose Of prevent
ing unjust discrimination in railway froiyhis,
whether as between individuals or communities,
anl To enforce its observance by appropriate
pcnaltics;' and it was Recognized perfect
ly well-set!cdl rule of the Common law, in regard
TO Common Carriers, that they shall not exercise
any unjust and injurious discrimination be-
tween individuals, in their rates OF toll" be-
tween Communities any more than between In
divdun,s.
Your Petitioners further show, that it has be-
come the practice of Railroad Companies
throughout this State, to disregard utterly their
Common law liabilities aul to discriminate
uniustly in favor Cf one community at the cx-
rcnsc of anothcr-to charge rates unrcasonaIly
high, and TO act if the only limit imposed
upon them was their own measure Of the peoples
su!icrancc. In proof of these facts, and as an
illustration of the length to which some of our
railroads have Gonc-othcrs may not discrimi
nate 50 wiiciy--wc copy the Schedule of rates
agreed upon, and now being cJforced, by the
SoWth Carolina RAILROAD Company the Green
Vile Columbia Railroad Company, and the
SpartambIrs X Union railroad Company-thrcc
Corporations chartered under the laws Of this
State. 10 this table we have added column OF
distances: