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

% ing 70 grant this request when made, but
e sir, until they come here and say thiti
Q they are willing 10 relinquiSh this right
!, because the enforcement OF TIM
g charter will work to:tlleir detriment, I'm, l
. they do come forward and say the enforc.
: ment OF that contract Is no longer emant |.
J. ed by that company, II they want Tie
2 iull penalty OF the bond, / for one am / q
Z favor that they shall have It. 1t has bet 4
y said that the passage Of this Law will D, [
thts company into bankruptcy. Ideny
Q ~ toto. No such consequence can follow
0 the passage Of this bill. The Baltimore
q and Ohio Railroad Company under thu
/ last constitution Of this State have q rich /;
@ avail themselves Of the general law o !
this state regulating the charges foe
s treights oil railroads and that Is right yolt
! can not take away from them. They ars
placed upon the same leval as other cor.
potattons: That law permits this com.
pany to charge areasonable compensation
for transportation, say four or five cents
per ton per mile. 1t gives them the sans
privilege other railroads In this
state exercise. But no, thew
wont accept the law OF this State, They
hufl IN the teeth OF the legislature
that they have no right 10 control them, ~
pass law applicable to all railroads alike
In the, State and subject them to that
general legislation. am bold to ayow
tnat for one am willing and ready to put
that railroad company under the general
laws OF this State. That Is my object. ianI
ask this legislature to enforce that law
that this railroad company NAV be com.
PEELED TO avail themselves Of the privileges
granted under that constitution and place
themselves on the same footing as other
corporations. There must be some pnr.
pose for the resisting OF this thing. Ia
1t to maintain special privilege
conferred by what they recognize TO be 4
detlnct charter, charter that cannot 10
made 70 apply to it. admit that the
principles laid down in this law prescrib-
ing q rate for charges for transportation Ia
not to-day followed by any Transportation
line within the limits OF the United States
or the civilized world. That il moi
our fault, we did not make the law; our
fathers made 1t, and made tin DAYS when
they were compelled TO make that or moth.
ing, when the Baltimore 4 Ohio Railroad
Company had the alternative Of saving.
we will reject all propositions unless thew
accord with our ideas" There were no
rules by which the schemes Of transporta.
ton companies could be determined.
There were no trunk lines at that time.
Men knew nothing about these modern
schemers as developed. They knew moth.
ing OF these great competitions. They
only saw through the future that there
would DC competition. They did not
suppose for one momeut that there would
be gigantic consplracies by which these
corporations would allconspire togethertO
detraud the citizens throughout the State.
IN order to make up to them what
they lost In carrying freight, in those com.
petitions, for less than it actually cost them,
Men In their reason do not operate npon
that principle unless there be some motiye
Tor II, unless there DO some extraordinary
circumstance, such as the wolves Of the
forrest attempting to destroy each other.
1t was objected again to the bill had the
honor to introduce here, and the proposi.
ton is entirely ignored by the report OF
the Judiciary Committee. It Is objected
by the B. & y. r. r. Co. to carry freiehts
received from the Parkersburp and Win
chester Roads at the same rates ON their
main line as they transport other ireiChts.
Sir, that is so nominated in the bond.
This fourth section OF the act of
March 9th, lS47, emphatically delares
that 1t must be done. II they accept thNt
act that is binding upon them, and / have
incorporated in that section lie nrovision
OF that law. What are the facts TODAY
with reference to that subject. and hone
l may be permitted to illustrate. The Ri.
timore & Ohio Railroad propose to trans.
port coal from tho vicinity Of Grafton IN
Baltimore at low rate, recently granted
unnNF rOEnnRnnNfun NUSA Al >
Maryland. Gentlemen living at Elem-
ington, having valuable mines, have asked
tne poor privilege OF the local rates from
Remington to Grafton, and the compro.
mise rate IRON Grafton 10 Baltimore, and
inc baltlmore x Ohio Railroad Co. has de.
MED 1t to them. That company has said
your coal Is not on this main line and We
VIII charge the local rates from Remington
70 Graiton and then the local rate from
Hraltoh 70 Baltimore. Is that fair? Is
that equitable? Can there be any Justice
III that think not sir, and for that rea-
son and hundred others insist that this
provision shall 80 into the bill and bO
passed by this body.
NOW, Sir, in regard to this sixth section
OF the act OF March, 1897. have had
some doubts about my construction Of this
Iaw' am Tree to confess have had
some trouble in arriving at correct soiu.
tlon OF that proviso. The question pre-
scented, does that proviso change tho mode
oil ascertaining the rate Of charges upon
Tailroads. 1t must be admitted, and
snail read some authority on
the question before nm through, every
State IN the Union that has passed any
law Whatever governing the rates OF trans
portatlon, have universally and uniformly
hxeu 1t at SO much per mile. know 81
no no law, until the more recent legislation OF
West Virginia, in the Acts Of 1925.
where the rate was fixed on any other
basis than ut so much per ton per milo.
Does ms proViso change that law? What
Is the plain meaning OF that proyiso?
Does 1t chInge the ruler Does It make Il
tle sum total /? lsay, think it does mot.
tnink 1t adheres TO the same old rule
copied from all laws In Christendom, FIX.
the rate OF charges for turnpike co,npap.
les. Unjust be remembered the first charter
c9ntemplatesthe shall build a railroad and
allow any and every individual TO put his
cart or wagon on that road and hauling il
with his mule or horse. 1t was not at tIrst
contemplated that steam should be used
on the road, and the first locomotive In
me United States was used in the city Of
New York In 1873. say when this char.
Yer was passed 1t never entered the minds
oil me Legislature that tho companyshoull
run lheir own machines and transDort by
means oil steam power. But It saws that
no citizen shall be permitted TO transport
lrelght or passengers without the COM
panys permission, leaving the inference
that " was entitled TO use It's railroad as a