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

scribed in the billP will the railroad com
pany oil their own volition grant lis tina
information? lam afraid not. sir, Rail
road companies are not free to reveal tn
practical inside working OF their corpora
ton, and especially Is that the case wheI
these great corporations are all struggling
Tor the mastery and TO obtain freights tina
are produced In the West. The PROPOSE
ton Of the Judiciary Committee on tha
question leaves the State at the mercy Of
the railroad. 1tdoes not give US the re
lief pointed out In section two OF the act o.
March, 1871, because 1t provides no means
whatever OF determining tho rates we arc
entitled to, and thereis no penalty attach,
ca to that proposition. What Is the law
worth without penalty for its enforce
ment? We have tho fact presented to us
that the laws Of lS47, enacted without d
penalty, have been dead letter upon The
statute books Of the State.
No rESALrY-No REMEDY.
The only remedy citizen has, l find in
the railroad law OF 1887, where he can sue
the company for over-charges. There is
no penalty attached for the failure Of the
company to discoveror declare to the PEG.
pie Of the State, what those rates are,
The Baltimore 4 Ohio Railroad Company
nave never given the people Of West Wiz.
ginid the benefit OF that rate, and the
amendment reported by the Judiciary
Committee proposes to receive such dis
coVery and declaration, but leaves the
mode entirely ut the discretion Of the com.
pany, As stated before, in order that
that thing may be Accomplished, let us
prescribe the mode in which it shall be &C.
complished. 1t has been admitted that
the Legislature has the right to prescribe
the mode and manner OF exercising those
privileges granted under that charter,
hence the Baltimore 4 Ohio Railroad
Company, yielded to that proposition and
instructed their agents throughout West
Virginia to comply with one of the
sections oil the act Of 1928 in regard to
thecharges atdepot sections, us stated be.
fore, believe 1t is recognized priciple
that we have not the right to interfere
with the franchises. We have a right TO
regulate the mode OF exercising those fran
chises. Franchises to the Baltimore and
Ohio Railroad Company were granted
many years ago, and am willing to
recognize during this discussion the fact
asserted already here by the friends Of the
company that that charter, II literally en-
forced to-day, might work hardship 10
the company, But let me ask Il it has
worked q hardship on the people OF this
State, and il the continuance OF that com.
pany to carry out the provisions under that
charter as they construed them have not
also worked hardship on the people Of
this State. Having ascertained then and
determined the rights OF the people to
avail themselves OF these rates Of trans
portation, fixed at what is known rs
through rates, We mightapply the prin-
ciple there laid down to the transportation
within the State Of West Virginia. But
there is another point that ! de.
sire to refer to before leaving
this part OF the subject. It was objected
to before the committee that taking Chi.
cago rs basis OF tho rates OF transporta-
ton we were doing great injustice 10 the
company, because we were bringing them
in competition with a water line Of trans.
portation from Chicago to the sea-board.
There may be something in that point, but
at the same time might answer that as
all the other propositions submitted here
before the committee. What OF It? |
might as the lawyer says, enter general
demurrer; might admit everything said
here Yesterday, and, admitting that thing,
inquire, what oft? DOesthat change tile
law? Doesthat change the Charlerf Sir,
| have heard no man yet assume the posi-,
ton that the bill l introduce is In contra.
yention OF the charter Of that company,
Tho only objection raised to it was, so far
as my knowledge extends, that It works a
hardship to the company. twas asserted
that it will force the company
into bankruptcy, that it will ruin their
business, and therefore crush out the in.
dustries Of the people; that it is suicidal
policy OF the State; that it was burden
and an outrage to compel them to do
what2 To compel them 10 comply with
their charter. Mr.. President, the people
Of this State for the last twenty-five years
have had that charter hurled in their teeth
as the bulwark standing between them
and the B. 4 o, X, X. Co. They have
learned by sad experience that it is m in.
sttument OF destruction 10 the people 81
this State, and will continue 10 oppress
them so long as its provisions are carried
out as iterpTeted by that company.
There IA mn old NAV tLo, : t'.,,,:.
all he memhers 81 ,bia "I ba II iAln,slar .
Shokespear's IN Which, .' ~ Iouy a., one o.
manding Tie full peri"rmonce n fI liz 10 hoH us
asES that ny Snnd 'S sw ,oF ls lle. IL
friend c"minc torSsr II 10 on uaisCHargea .!
nav Il fonr I;mnS ov 0 wary ~, a"g oneFlhS Z
ESo do,n"U ' V ,Sn ,,, nut Sny!ocE says
honi anil VIII ' ho, tu'I ehaIty OF m!
mercy wac 'rvoLoJ ~ s,;oia ,L anu Whei
mSn h" sc"rnoG 10 !" sTIe,u me aloresalt
HsEed il 4 % Mon,ins 1 JIi ~ ,Sahn' ant
when aSncSIed ~ HSe% IN Do9d, Gnt
ror,onstrsIeJ sled viii 'e n,a pssM5IOnsa' wheI
the i'nnSrtnnitiss ' y '0s s"lro. %l!h al
mSnitv Of the SeIr,e.. o s%IGtLng hu
victim for snnnort S ue S,iII tS agon IN
Iient nnd demanisl in St .e,uSel 70 e
bond The conrt n JoSSa1SI' upon IN ~
indVmcnt and tIa rer CSesu'. 70 nwatt
TO bsar liz breast n liz TaS Tas Gsuere'
as he was about 10 emf SSsv IN S nnnr an,