The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-15

w NNNtG NtAaAGAA kusGtllGIt uAlN W
AMI that the whole aggregate shall not
exceed the charge from the terminal
point. nm now discussing what tho law
il, what II requires ofthis company, and
the company came here and asked us TO
{, give tbem that charter in Its broadcast lin.
ils II that DO the Ciarteran law, / hope
there IL not n single gentleman on this
floor who IS willing N continue that rail-
road IN n state VI exemption from tho law.
hope there il not gentleman on this
floor that will hesitate to subject every
railroad corporation In this State to the
control Of the general laws in pursuance OF
tho policy inaUgWraLGd by the constitution
OF 1928, Seeing those facts and that co.
tempOraneous construction which wRS
given TO this act, have been induced to
Introduce the proposition did; not for
tile purpose Of depressing the baltimore
4 Ohio Railroad. would DO the
last man TO do that, lreCognize mutual.
ity oiinterest here, recognize the fact that
ilthis railroad was properly managed it
would be u great benefit 10 the people OF
this State. have referred TO the pro.
visions Of the net OF 1917, and before eaV.
ing that law desire To call attention to
the 35tll section OF the act Of March llth,
construction Of the act.
Here he read the 3Ith section.
That act has been interpreted TO mean
thatthe rate OF charges fixed by the 9th
section Of this act are fixed unalterably.
That railroad company accepting the
provisions Of that act have q right to make
the charges prescribed by the 24th section,
without the power OF the Legislature to
alter or modify It. Let US read this sec.
ton again to see II II bears that ConstruC.
ton.
THE 35th section was read again.
Here il u distinct reservation BY the
sovereign power OF this State, to alier or
modify the charter us they may see fit.
No man ever questions the authority OF
the Legislature ashley mightsGc fit. There
il not one single syllable in that act Of
1s47 that puts It beyound tho Legislature
toalter or modify or change any provision
OF the law. This goes further, and what is
the Legislature to infer were the charter
rights OF the company. At that time n
railroad company could not he organized
without q special charter OF the General
Assembly; neither could 1t In West Vir.
ginia until the adoption Of the Constitll-
ton OF 1928. Under that Constitution
tho charter Can be issued by the Sec.
rotary Of the State. So there is moth
ing whatever prOhibitory upon the
legislature 10 modify or alter this section.
Let us examine the Sth section OF tho ar
tiCle OF March 9th, 1S47. Col. johnson
here read the Sth section Here is dis
tinct resolution on the part OF the legisla-
tnret0 cOutrol this corporation, except that
its right ofprOperty and franchises ave not
to be disturbed. That Ipresume, sir, could
not be disturbed except by regular judici.
proceedings.
1t could not he reached by legislative
enactment but the rights to regulate the
toll Is distinctly reserved by this act OF
1887. There is nothing in the net incor.
pOrating the Baltimore and Ohio Railroad
Company authorizing them to charge any
tolls, except the net Of March 9th, which
permits them TO charge four cents upon
eastern bound freight and six cents upon
western bound freight, There is 10 other
provision in their acknowledgement
TO charge greater rate. They derived that
claim from this general railroad law OF
1887, and the Legislature has reserved to
itself the right to alter and modify that
provision. Tint is my opinion. This
question has never been adiudicatcd or
determined. Now, Mr.. President, ] do
not desire 10. detairl tile Senate longer I'M.
on the question have been discussing,
hnt, sir, there arc some questions OF policy
outside the bill. and before concluding
my remarks upon that question it may be
well enough for me to repeat that am not
dealingwithquesttons ofpoliCy; am deal
ingwith questionso Of aw.I want this b. & 0
X. II. Co. to be subject to the general laws
of this State; to be put in position where
other railroad companies are, and especi.
nlly when they themselves confess thew
are operating under n charter which thew
are violating in every one of its provisions.
II the charter is so wrong, why cling TO Il.
unless it be an engine for The oppression
of the people OF the State: unless II be nh
instrument used to the injury of tho State
and subject il 10 a 0Gaxi condition Of
slavery. Now, sir, upon the oueslion
of DIlicy. There has been n threat
made here TINT il this bill ia passed that
tho railroad company will IN com.
pclled to resort 10 the courts. Sir
Is that any now policy for Tho
Baltimore and Ohio Railroad Company?
Have they never been in the courts ~
West Yir.inia? Why, sir, | do moi think
Won would have to 20 far TO refer To tho
records. In every county in the State nj
West Virginia tkrourh which his ROAD
runs Won Viii SEQ docEets flat nrc r'' crowJ.
I'd with cases where citizens have Scon
driven to tbe courts ia Obtain "' m.
lief Snainst .this corporatiop. md mon
publie questions Questions af toxnlidm"
There i mot n county in Wcst V;rgn;n
throuCh which tint linz rms Tint hns not
heen Driven 10 The courts anJ inter I Io m
years of LITIGATION comnelIeI IN comnrS'
mise with iris company from onc.f"nrtI,
10 one.tenth what wns dne IN tIom 'tor
taxes. THO courts ure onen and frcS IN ,he
baltimore md Ohio Railroad ComnoNw
thew are welcome TO ihe courts ~ th;s
Staie 10 have their matters adindirot"J
and the citizens Of this State viii ALWAYS
obey the mandntes Of those co,,rts II ~ Il
said again Ills biI PROPOSES flint the
9 ' 80 F'SIPN"S" t,'"V EhS