Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1878-01-19
COMMUNICATED.
THE RAFT. & OHIO RAILROAD
IA H.,Irows, JEFF. Co., W. Wy vA'
January 1st, 1878.

uno,vx JEFF. Co., w. Va,
hAlLf0" January lst, 1878. J
To Honorable d. d. J0h"s0" az" 0'"s'''
E SSm" of the Martinsburg Statesman:
JsSire TO draw your special atten-
.;on 70 an extract from joint resolution
No C iO-passed by the Legislature of
,he State, and under which you are act
inc relative to the charges on trausl
and freight by the Baltimore 81 Ohio
railroad company, sand whether the
same are legal, just and equitable or
otherwise; what determinations exist
between through and way freight and
travel; whether said railroad company IS
any way violating the laws of the State
or affecting its material Interest, and all
the matters in connection with SAID
railroad which concern the rights and
equities of the people" This is in strict
conformity with section 9th OF article
XII of the Constitution OF our State,
which very properly places corporate
as well as individual privileges unoer
control of State legislation This view
is also sustained by the decision OF the
Supreme court OF the United States
which declares the right of municipal
authority to regulate charges OF 'terrys
tolls. hackmen, bakers, DC. These
normal rights oflegislative power can
not be parted with by State, tor the
snpreme reason, that there would be no
protection left against errors in leglsla-
ton or abuses of granted privileges to
corporations or otherwise, which so fire.
ouently occur and prove so damaging to
the best interests of the sovereign power
the people.
We have high authority for saying
that law has only two foundations, viz:
equity and Unity;" and also that which
is not just is not law-upon this bypo-
thesis, is it just, that We should allow a
corporate body to use our territory
pass over it, inflicting many minor IN
iuries, such as killing stock, burning
fencing, &c, and extend benefits to
other parties or sections, thereby damag-
inc our interests as an agricultural and
manufacturing people, for it is manifest
TO all that the practice OF the Baltimore
s. Ohio railroad company in transport
ing the products of the virgin soil OF
the west, to the seaboard or eastern
marts, for the same and ever less char
ges, than it imposes upon our products,
is an unjust discrimination, injurious to
orr material interest, tending 10 destroy
our manufactures, impairing our agrl-
culture, and seriously reducing the value
of our lands. These several damaging
considerations must force upon our peo-
pie the paramount principle OF selt-pro-
lection to demand from our Legislators
such legislation as will IN the future
protect their interests Blackstone says,
s'sw is rule prescribed by the supreme
power in the State, commanding that
which IS right and prohibiting that
which is wrong" 1t has frequently oc
CURED that a State has Inflicted on lis
subjects great injuries and bas done so
nearly always with best Intentions; so
with Cur mother State, in granting char
fer or right OF way to the Baltimore ~
Ohio railroad, she did so with great lib
crafty, ard from want of experience as
10 the aggressive spirit, and soullessness
of corporate bodies she failed TO stipu-
late specific privileges, which that body
seeks 20 take advantage of. 1t is, how
ever. the experience ef all government
that sthe most valuable additions &c
legislation have been enactments des
tructive Of preceding Legislation, and the
best laws which have been passed have
been those by which former laws were
repealed; ''such legislation is now most
earnestly called for by the people OF
West Virginia, so as TO restrain the
Baltimore & Ohio railroad in Its de-
struetive srsctices TO the interest of heI
productive citizens, in lis illiberal dis
elimination. in charges upon their freight
and travel. 1t may require extreme
legislation, such as is applied to aturbu
lent individual who renders himself OBJ
noYious to a neighberhood by unjust
acts, and places himself under lega
authority as nuisance 10 society. This
may sound rather extreme, but detian
cases require extreme treatment, and
venture the assertion that the sovereign
power of the people will sustain you
The Constitution of your State au
thorizes you to act, in your Legislative
capacity, for the protection of the PEG
ple-the courts must sustain you OF
declare it void. That the privileges o
chartered corporation are supreme ii
surely an absurd declaration.
Respectfully, j. II. STRlDER.