The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-16
WHEELING DAILY THURSDAY MORNING JANUARY 49, 1870

If exceed the one charge from Wheeling /,
10 Baltimore. 1fthere we're no other reason
y the insertion OF these words would be fata
e 70 thls construction, but this construction
u so plainly absurd, unjust and arbitrary
50 ,repugnant to the demands Of equit,
"a and lair dealing; 50 antagonistic to ever;
o principle which has governed our lay
makers for centuries In prescribing M,
4 rates 81 tolls on turnpike, roads Iron
4 which this was framedl that the committe,
q are constrained TO reject II as utterly In
i supportable. The second construction 4
That 1t authorizes and requires the Com
|. Pgny 70 charge the same rats per milo iol
a what Is known o. Through and way" ms
sengers and freight. This construction W,
think Is the proper one. WV
The Committee Is supported In thi,
view by the analogous practice Of the Gen
eral Assembly Of Virginia for more than
g century past In prescribing and fixing
tho charges for toll for travel and trans.
PortAtion upon turnpike roads, where the
rates, so fur as We are informed, haye nj.
ways been fixed at SO much per mile. Wa
are sustained by the language Of nil tbs
acts Of the General Assembly OF VirpiniS
relating to charges upon the Baltimore 4
Ohio Railroad. We arc sustained bv tLo
uniform practice OF the legislatures 81 he
diferentStates Of the Union IN ilxinv mn
70 recent period, the rate OF compensation
LOT transportation upon railroads, at so
much per mile. The comparative cost Of
moving freight and passengers, for long
anu short distances by railroads, was moi
10 iully Understood when this act was
passed US It is to-day. Hence no dstinc.
lon was made, but the rule as applied 10
turnpikes was also applied to RAILROADS.
a. applying this rule to "way" Us well
as Through" transportation, We find that
the company must so arrange their charges
LOT transportation from station 10 stniion
along their whole line from Wheeling IN
Baltimore, as that the aggregate charge for
each shall not exceed the one ubarp0 from
Wheeling TO baltimore direct. (Ofcol,rse Il
y not claimed that the Legislature OF West
virginia has any right TO regulate CHARGES
ior transportation exclusively beyond he
limits Of this State.) We insist that Tho
law makers by the provisions OF their siai.
utes never intended, and never conceived
the Idea, that this company should bo
authorized or permitted to charge ono rita
Tor '"hrough' transportation and another
and greater for "lN,y" or local trnnsn rSr
ton. That privilege Is granted Ii The
more recent legislation Of dts State wb;"S
cessation asIl' inc u q Q. Railroad Company
whenever freight and passengers enter
tnlS state, upon tho Baltimore & Ohio
railroad or its branches, that moment
tnelr transportation in I'LL respects, he.
comes subject to the laws Of The State
Inc company can acquire no privilege in
other sAtes which would change lis obi.
cations IN THIS, and the charging for trans.
porting treights and passengers received in
other States, is a subject for legitimate en-.
quiry by the Legislature and people n
ascertain whether our citizens are reoeiv.
ing me full benefits Of the IawT above T r..
ferred to-, 8 ''S wv 'O ~
~hAF THEcoNAITTRE AscERrAISED.
This brings us to the enquiry whethpr
the baltimore 4 Ohio Railroad Ohm.
Pany In it's GhRrges for transportStion
has violated any Of the provisions Of ito
charter or any Of the laws Of the Stato NJ
West Virginia, We have insisted in tlSa
preceding part OF this report that the
Charter OF tho company rHlhires II to fix
y qtaryes ioF transportation in proportion
70 he distance the person or thing ia
per mile. -. 49,. '"'e
In The light ot recent progress and the
sre@s@ development Of railroad enterprises
TINS rule may not he equitable and Inst
put y u no lAw, &c wp find Ii expressed In |
the charter OF tho company, We are mi
instructed 70 enquire what the law ought
to DO, II We were we would probably re.
commend that the law OF March inn
1887, and the act OF March 9th 1877 In 90
amended as to allow the company 10
charge much hiGGOr rate for transp6rta.
tlon than the law permits them to cbarre
Our duty Is to ascertain what are tRc
rights OF the company and the peonlo I'M
uer the laws governing this COMPANY.
The company admit that they are pro.
hlbited by their charter from charging IN
greater Eun1 fora shorter distance: !" that tRev
have no right to charge any greater sum
Tor transporting person or tIinT fro",
any point east Of Wheeling and Vest If
Harper's Ferry to Baltimore or from Dalti.
more % such point than they oan charge
tor person or Ike thing from Wheeling
% baltimore, or from baltimore to Wheel. |
ing. FoE example, II the sum charged for |
transporting freight from Wheeling 10
baltimore is fixed at a cents per hundred |
pounds, not more than torty-iour cents |
per hundred pounds can be charged for
transportation from any point within Tie |
state east Of Wheeling ia baltimore or
from baltimore to any point within the
state. The evidence obtained by your
committee contains 7ENT'
Eir. OVERWHELMING PROOFS
that this rule has been violated, Tho
printed seheAule furnished to your Com. |
nittee Wy the Company show that the
sums charged per hundred pounds on
y !, freight shipped from baltimore
10 sAtatieAs IN Most Virginia, are Us follows:
10 Harp0r's Ferry, thirty.two cents; Van
SSliyesyille, thirty.eight cents; Martins.
Durg' thirty cents; Patterson Creek, sixty
Jour cents; Cumberland, tifty.ive cents:
!keyser: seventy-two cents; and gradually |
increasing west oil piedmont, until al nj
towlesbufS It reaches the sum of ninety
i've cents, and tol.every point west al |
RlseowlcSblrg and east Of PGrsersbufw and
wheeling, The same charge Of nincty.tiye
cents Is made, while to Parkersburg and
wheeling, as appears by another re-.
port furnished by the CqmpsRs, the |
charge y Only ii He4ts, showing that on on |
SeStSER Bound ireisEt for any station
within l26 miles 0t tho wOatSfR 'terIinms
Of Their roadAhe company nh.;ce nearly |
~ per centum moro than their charter
.:Ssaorizes them to charge. But is a cents
per hundred the loyal charge for trans.
porting lirst'GlaSs freight from Baltimore
to Wheeling? II we accept the consfrnc.
ton heretofore given to the charter. Wa
must so farther and ascertain the rates
fixed upon freights delivered al Wany
point on said road within direct distance
OF AVe,Mtles from the Ohio river" other
than the city Of Wheeling. II appears
from the report last above referred 10 that
tho amount charged on flrst.class freight
from Baltimore to Chicago, distance Of
Sz5miles, is 81 cents on each one hundred
pounds, making pro rata about 321 cOnts
liner hundred fHOtn RalE,nnrn = NUl,S H.