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

I was a man Of great intellect; man
great foresight; man who VI
, looked up to and respected by ii
brightest lights in the Virginia Coz
! vention or the Virginia Legislatul
during his day and during his services
that body. Then, sir, we acknowledge
that II required man OF conSidera6l
] foresight to indicate the policy that wonl
be pursed BY the Baltimore and Ohio Raj
road Company In Its future operations
They therefore incorporated this sectio
land bear Ia mind that this provision wa
incorporated In this act after the LegislI
ture had repeatedly proposed net after aC
10 secure the control OF the rate Of charge
upon hat railroad aud had uniyersail
failed. Boar ln mind that It was the nlti
matum offered TO that railroad company
u had become necessary at that day tina
the Baltimore and Ohio Railroad shout,
be finished. The Pennsylvania and Fri
railroads were stretching out their arms h
thecommerce Of the Great West, and unles
the Baltimore and Ohio Company woulC
complete It's work speedily, It would prob
ably lose the control OF that great com
merce. The Legislature required thi
companyto accord to the people Of VII
ginia the same rights and privileges tina
they accord 10 other States through which
their line runs, and secure 1t BY the incor
poration OF this provision In this law.
A HARSH BtLI4
It is said that this bill, Ihad the honoI
to Introduce, would be harsh. that h
would be iniquitous; that It would rush
the company Into bankruptcy and brint
untold evils upon the people OF the State
That argument, sir, Is as full OF sophistry
as it can DO. Cannot that railroad compa.
ny the very minute this law becomes on.
erous, cannot they take advantage OF the
laws Of the State prescribing the charges
lortransportation and governing railroads
Have not they the absolute right to come
under the law sfthe State. Aye, but there's
the rub. They do not want TO be amena.
BILE to tho Legislature; they want to defy
the Legislature as In days gone by; they
do not want the Legislature to take away
from them the special privileges OF what
they confess themselves to be a detunct
charter. That Is a pretty claim TO pre-.
sent 10 o Legislative Assembly, that they
cannot live up 10 their charter. II they
cannot live up to that charter, why then
let them come under the provisions Of the
constitution of this State, and what
rights have they outside OF that consti.
ton? Arethey better than any other cor
poration Of this State? It has been de.
clared In that constitution that these rail.
road corporations shall be subject TO leeis.
lative control, so far as the charges for
travel and transportation are concerned.
Isn't II right? Is there man on this
floor W no will dare to say It Is not rightP
Now, sir, take the position OF this charter,
and even in its most obnoxious sense, az
the distinguished gentlemen inquired Of
the committee on Yesterday, what benefits
does 1t confer? The only thing under the
shining. sun that that charter coniers,
that this company Is reluctant to part
with, u the exemption from taxation and
the right they claim 10 charge eight cents
per ton per mile for freight, and six cents
per mile for passengers. Can they found
such claim on Justice? Is there any
other railroad corporation that lays claim
to any such right2 Sir, I might say here
to-day, and am willing to grant that the
Of these provisions OF this
charter would be a hardship on this com.
pany II they were bound to be controlled
by 1t. But / do not conceive that they are
inexorably bound by It. They have the
right to avail themselves Of The benefits
than any road in the State has. But, no,
slr, they do not desire It to be admitted
that the people haveany rights in thisques-
ton. They assume that they are the mas.
tiers and they have the right to adhere to
that charter. II there are provisions OF
that charter granting that company pecl-
liar rights, Is 1t not right and proper that
the provisions granting the people bene.
tits should also be adhered to? Are
We to come here and get upon our knees
and ask the clemency which the people
have q right TO demand? Sir, upon that
question the people have petitioned; thew
have demonstrated; they have done every.
thing in their power to get q concession Of
the rates OF charges from this company.
But very few OF them have ever gone to
the Courts to enforce that concession.
And why? Simply because they dare not
not do it A. distinguished gentleman OF
West Virginia, manufacturer in the
county OF Harrison, gentleman OF wealth
and notoriety, Mr.. Ira Hart, shipped a
portable saw mill from the county OF Har.
rison-Clarksburg-to Cranberry Sum.
nit, in the county OF Preston. The
company charged excessive rates. He
appealed to the Courts and recovered
a judgment against the company.
ALIrrLE SPITE WORK.
The company took the case
to the Supreme Court OF Appeals, where
the judgment was confirmed, and am in
formed by Mr.. Hart that from that day to
this that company has required him to
prepay the freight either shipped or re.
ceiyed by him. Not one single pound OF
freight will be transported Tor Mr.. Hart
unless he has paid In advance the money.
Another gentleman, manufacturer in the
county OF Harrison, appeared before the
committee and made a statement there
that he has paid thousands OF dollars I'M
lawfully, yet he would not sue them, be.
cause, he says, he feels the power OF the
corporation and their determination to
crush him II he dares to fight them. l
heard OF one case, and it Is remarked BY
distinguished attorney OF the road that
it was the only case where bill for dam.
ages had been presented to the company
and had been paid without any litigation.
| do not know how true the remark OF
the attorney may be, but he said that 1t
was the only case within his knowledge
where one single claimhad been IiQuidated
without the costliest litigation. These
are not charter rights-tinhts to litigate.
As common carriers they have certain
rights and privileges which they can en-.
force. Sir, have said what thought on
this subject, simply in response to tho dec.
laration that the distinguished representa-.
tiveot the company made before the com.
mittee yesterday. ~
Now, sir, we take this second section as
the foundation Of the relief to which tho
people are entitled.
What does that mean. Does 1t mean
that We have no right to inquire into the
rates OF freights that are charged from this
point within five miles Of the Ohio river
whore this freight Is received? 1t has
been admitted by the Baltimore and Ohio
Railroad Company upon the institution
Of this investigation, but aiterwards denied
by them, that II the road had terminated
4 IL