The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1878-02-20

Static wcro accustomed to made the most
unjust determinations in regard to
charges on freight. lie proceeded by re-
fcrring to tabular statements which
proved co~nclusively that railroads do
made determinations to tho detriment Of
communities. He, therefore, urged upon
the members to vote down tho motion to
strike out tho cnacting clause.
Mr.. Gaillard followed in Il terse speech
in favor of the passage Of tho bill. Tho
arguments he adduccd in, support of his
position were clearly stated and forcibly
put, and made the whole subject perfect
ly clear. He closed by saying that the
Legislature should respond to the de-
nlandS of the citizens throughout the
State and afford them protection against
the hurtfil Determinations practiced by
many railroad corporations i'll South Caro-
lima.
Mr.. w. X. Bradley said he should like
to say II word on the bill before the
House. He said railroads get their
charters from the Legislature OF the State,
and they should br held amenablc to the
Legislature. If We have tho right to
grant charters to railroads we certainly
have a right to fix what prices they
shall charge for moving treights. 1t is
our duty to legislatc on the subject, and l
sincerely trust the bill will pass.
Mr.. Common made Il brief argument
against the bill. He said, while the State
might have perfect right to enact
such a law, it would be of very doubtful
policy, and most incxpedient at this
time.
Mr.. Gary took the same position. He
thought the passage Of such a law would
DO moro harm than good then even if it
could be proved that the Legislature had
Il legal right to make such a restriction
OH railway corporations, it certainly lad
no moral or commercial right to do so.
lie wound up his remarks with the hope
that the members would sustain the mo-
ton to strike out the enacting clause.
The following were passed and sent to
the Senate. Bill to prevent the sale Of
spirituous liquors within the places
therein mentioned; bill to authorize the
County Commissioners to change the
nainc OF tho townships in their respec-
tive counties joint resolution to provide
for the payment of the commissioners,
appointed to investigate the actual bond,
Jidc Indebtedness of the various counties
in the State; joint resolution to authorize
the disbursement of B.! mill tax collected
to pay the past Indebtedness Of Orange
burg County; bill to authorize the APP
pointmpnt OF a commission to control
and direct the sale Of property known as
the Columbia Canal and it's appurto-
nlllccS; bill to incorporate the Marion
manufacturing Company.
The bill To prevent railroads from
making unjust determinations was again
taken up and discussed until the hour for
taking Il recess.
"Wednesday, Feb. -, 1878.
The unfinished business Of yesterday
bill to prevent 0mm0 carriers from
making unjust Observation-Disclosures
came up for discussion.
MIR. Petty obtained the floor and made
Il long argument III favor OF the bill.
Messrs. Pope, r. II. IIcmphill and CAL
lison also spoke OH the same side.
General r. r.. Iicmphill said: I did
not exactly comprehend tho ''soliloquy''
of the gentleman from Spartanburg, but
was able. from detached phases, to find
that he is clearly wrong OH this question.
[ do not wish to discuss it ut length, and
shall content myself with only a few
remarks. These interpretations have
special privileges granted to them, and
the moving reasons for these grants was
an anticipated good which would result
to the masses Of our people. This was
The purpose Of the special privileges
granted to the different railroads, and
when the spirit and meaning and true
intent of their charters arc violated and
~disrcgardcd, the people have TO take nc
action on the subject. This bill does not
IiX amy absolute rates Of freight, and
therefore there can be no just ground OF
complaint even by the railroad compa.
mics themselves. These interpretations
need Il little stirring mp. The agitation
of this question in the different parts OF
State has already CAUSED Il reduction ot
the rates, tt the great good OF the people
generally.
Tho argument that railroad capitalists
may Use political influence against us in
the next election is absurd, and no one
need be afraid Of it. Capital is about Il,
timid us the people. The only railroad
capitalist that | would fear would he tho
Greenwood and Augusta Railroad Com
pany, and [ know thoy will use theil
resources on tho side of the people
Most of the other companies arc in ;
manncr owned by tie State. The State
is liable for their bonds, and whenevcl
they commence to use their capital aSains
wv Ibt'DlSs lhIN 'stNt t tplI ~ -
ken charge Of by the State and run in
her W interest, and that will be tho
last Of the capitalists and their railroads
too.
Mr.. Massey demanded the previou.
question. Tho call was sustained anC
the question was PUT, "Shall the bill Dt
~rccnlnmittcd to the committee? p
The roll WAS called with this result
yeas, y nays, II.
The bill WAS then passed to its third
reading, by Il vote of - to ~.
The following is the text of the bill:
SECTION !. That railroad corporation!
and all other chartered companies acting
as common carriers within tho limits o
this State slall charge for carriage o
frcihgt and passengers such rates only Il:
are reasonable.
SEC. :. That no charge for carriage t.
or from any place or station shall b,
deemed r~clS,nlblr, within the meaning
OF this act, which is III excess Of the usil'
al and established charge made by tho
same corporation, or combination OF cor.
poratioliS, ior like cara;agc for any great
cr distance over their line or lines in Tho
,ame direction: PrOpided, That if Slcl
corporations. or combination of corpora
tons, can show Il greater necessary en-
pnnsc to it or them Tor the carriage Oi
goods, merchandise and property owe,
the shorter distance than that which j.
incurred for like carriage over the longer
distance, Il proper proportion of such cX-
cess OF. Unnecessary expense shall be deem
cd Il reasonable additional charge: InI
prOridcd, FURTHER, That where any such
railroad company, or other conmO car
ricr, shall, in the carriage OF through
freight, act only in the capacity of inter
mediate carrier between other connecting
lines operated wholly beyond the limits
Of this State, the charges for such through
freight on such intermediate line shall
not in any way regulate the local tariffs
thereon, by reason Of anything in this
section contained.
SEX. 3. If any railroad corporation or
other chartered common carriers in ON
bination with it, shall charge and receive
rates extra reasonable within the lmeall-
ing Of this act, so much of the money so
received by it. cXccss of such rcaSona-
! bic rates as is due to common carriers
chartered under the laws Of this State
shall be money had for the use Of tho
person or persons so paying the same, to
be recovered by action III any court of
competent jurisdiction.
The Srrycant-at-.A rms. announced that n
message from the Governor was whiting 10 be
received. Thc following was then read by the
Clerk:
-, (y, .,