Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-02-13

requires the company 10 keep schedules
posted, 50 that every one may know
whether he is charged more than the
Wheeling rate, and attiXes certain pen
alties for violation thereof. This whole
question will in all probability 80 into
the courts, and iOr one, desire 1t shall
go there in such a way a. that the court
shall De compelled To- determine this
yexed question as to what the charter
means. five du not wish To- ruin the
charter, let uS not pass any law but
proceed in the courts 10 declare Tor
iriturc. But ii We pass law, let Us
pass such law that when it gets into
court will be clearly within the language
OF the charter, and stand the test Of
judicial investigation.
At the close of his remarks the Senate
took a recess until hall past seven
o'clock.
JUDGE BROWN
took the floor when the Senate recon-
Vcncd. and spoke Tor a short time in de-
tense of the bill and the amendments
under consideration. llisTrmarks were
Il ore particularly in answer TO those OF
Mr.. keyser before the committee ON the
previous dav. He took the ground that
il the Baltimore and Ohio Railroad
Company chose 10 have its mag
mates meet the "magnates" OF
other roads, and 80 cut down their
through rates as that their business was
not profitable, that was none Of the busi-
ness OF the people Of West Virginia.
They had no right nor obligation To pay
such rates as would make up for the rc
duction on through business. lie
thought there ought to be some plan de-
yised by the railroad "magnates' that
would enable the company 10 transport
gOOls from Baltimore To { lark sburg with
out first taking them To- Parkersburg and
back On this point he became tacetiOus
at the expense oil his young friend,
the Senator from Harrison MIR.
TurnerJ lie said that ii some
day the Baltimore II Ohio
Railroad Company should carry
the Senator's wedding clothes, ordered
ia Baltimore, past Clarksburg To- Park
ersburg, and bring them back To Clark
burg a day too late, there could not be a
greater wrong inflicted upon rising
Young man than this upon his friend.
Tie said ne made this reference Tor two
purposes. First, 10 illustrate the posi-
zion lac had taken. second, 10 awake
the young gentleman 10 clear sense ut
his awful condition. lie lett it to be in
icrred, however, whether he meant his
condition ut single blesscdHcSS or his
facilities iOr receiving clothes from Baltl-
more.
L. h. FAULKNER,
II Berkeley county, while not wishing
10 discuss the questions involved IN the
subject under discussion, yet desired L.
give hts opinion upon the bill and the
various amendments. There was no
people more directly interested in this
matter than his people. There Was no
people i'm whose interests this bills pas
,a-e could bee urged with greater pro-
priety than i'm the interests ut the peo-
pie whom hc represents. let he could
not support the bill, because he be-
iryrd 10, provisions tu be- m violation uI
lac rumpany's charter. lie said, re-
rrriug 10 the remarks of judge Brown,
eat IL was easy % talk about giant
amt their "eNaCtions,
AMI about "magnates, and that kind al
thing. hut what hal that Ia du with the
question? Ii this bill passed, and be
came law, will the courts sustain it?
The Senator from Tyler Johnson hal
,aid that corporations have no vested
rights that Legislatures are bound 10 re-
,pcct, and a. astounding proposition
Is this Is, he was not surprised
.u hear the gentleman make il, because
upuu il rested his whole case. But Is 1t
.ruet Lets see. lie held that the
charter was a contract within the pruNI-
sion af the Constitution, which forbade
laws impairlng the obligations OF con-
tracts, and read from authorities To
prove his position correct, closing with
AN appeal To the Senators not to let
themselves be deceived 10y outside
issues and led oH Of the question.
SENATOR WOODS
made suggestion, briefly, that the
Senate merely enact that the Baltimore
ami Ohio company should not exceed
the sums named in the charter Iur trans
portatiuu ui freight aut passengers re-
and allow the road, u II sees
nc, To- charge lower price from Wheel
Ing 10 Baltimore than frum other sta
tons in the state. By this means
Wheeling would be benefited, while
the other portion, ul the state would
not Dee in the least injured.
SENATOR LOWE,
NJ Wrtzrl county, made n, speech oithe
evening, as was attested hy the numer-
Gus marks ut interest and approval with
" hirh Il Was received hy his hearers.
lie said.
Ma. pEEsIuENr- Before this hyur
question l. voted onto, ! want to say a
few Uuuls | didn't understand this
matter al all before them legal fellows
BEGAN To cNpounl il; and | am good
sight worse ia the brush, now. AP-
I.au-y amt laughter. Our ot these
lawyers gJt~ uu aui lac seems Ia
make 1t all pretty and clear.
But another one comes in, and
SAYS hy. "Tuaj'sdl, wrong Laughter ]
Now think they had uU-htcr pull To-
-rthvr ID this hyur Biltymure and
Ohio Eiirual j. vN,uTtcr IN the pcn-
plr. we'd oughtrr du somcthin' But II
does strike me this hain't the right plan.
Seem, to uv all these legal lights ought
Ia be able 90 make MP some thing that
will do. But Cuc man SAYS, "iuukrc
hyur, This l. What We have to du d We
want tu Tx 'em Another one gets up
and SAYS 1t kaiu't no suchy thing.
That's all Wruu-; that's UuCuu>tCtuu-
tioual, tina; hSu't law Laughter.
They come here session aitcr session,
and don't do nothing hut change
the Cole and draw cut their
salary. loud laughtcr.l don't want
O. he disryspeCtiul on the LAWYERS, but
the Journals will show that is about all
they have did Ia these last Two sessions
purity nigh nigh two sesSiOns-l've
been a senator. You take them little
thing In them bills and ask tsem what
10 means. They alus say. Il don't
know exactly. think maybe ii means
this, and | think maybe It means that.
Then auOther'n at EN- saws Il means
something else. They haven't Ssueed
on but one pint sruCe this session
begun, and that wJS judges salaries.
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