The daily gazette., 1879-02-19
FOURTH EDITION
The state Capital

The Psdeh Gvsvsrs' Frsi0M Reduction
Act snd a Judicial Opinion on the In
cisIabiIity Of the Charter Of the Rdd
Read-Dirers Dosn0s Of the General
Asssmbiy-Gossip BY the Wdy.
Special Correspondent nee OF the GAZETTE.
DOVER, Feb. 19.-It is a matter of
surprise to many that certain of the peach
growers should be making such strenu-
Gus efforts to secure the passage Of the
act now before the House, which provides
for the appointment of Railroad Com
missioners. The provisions Of this act
are familiar t. the readers of the GA
ZETTE. The principal idea with which
it was framed appears TO have been the
securing of an Investigation OF the books
OF the p, w. * Is. X. X. Co. in order TO
find whether the company is charging
freight rates higher than their charter al
lows. This is far different from what
the petitions that had been presented
asked for. The request mad. in the
petitions was that the rates of freight be
equalized. From this very fact it is rea-
sonable to suppose and predict that the
Legislature will not pass the act.
But the fact that the people have ask
ed for a far different thing Is not the only
argument that can be urged against 1t.
The appointment of the RAILROAD commits
| sioners would entail an additional ex.
pense upon the State and no ends would
| be attained that would either in any way
meet the requests made by the people or
: cure the fufilment of the act. Indeed
| nothing will be done and from this fact
| The commissioners will be unable to
| even make an examination of the books
| of the railroad company, and Will have
| no right to interfere with its rights.
| In relation to the inviolabil ty of the
| charter of the railroad, l will quote from
the 4th vol. of Houston's report of the j
| w. & B. II. X. Co. vs. Bowers, tried al
| New Castle in the June term of Court
| 1873:
"The charter of the railroad company
| is a contract between the State and the
| company within the prohibatory clause
| of the constitution of the United States
which declares that no State shall pass
any law impairing the obligation of con.
| tracts. An act of the Legislature having
the effect to abridge or restrict any power
or privilege vested by the charter which
| is material to the beneficial exercise OF
| the franchise granted, without the reser.
| walton of the right to pass such act, and
passed without the consent of any com.
pany impairs the obligations Of the con.
tract, and Is invalid.
The power OF the railroad company to
charge for the transportation of passeng.
ers and freight is one essential to the en-.
joyment of the franchise, 4
| and an act of the Legislature which a..
sumes for the State the right to regulate
| what, under the charter, was granted a.
/ ms IN ha d,
| VIZ, the right to adjust the tariff OF
| charges for the carriage of passengers
and freight, undoubtedly impairs the OBJ
| legation of the contract in the sence OF
the constitutional prohibition, and is in.
operative and void"
A clearer statement of facts than the
above cannot be given. 1t will be easily
seen from tins that any act encrochng
upon the rights of the railroad company
will doubtless only result in a law SUIT, ex.
pensive to the State.
| j do not think the act As it now stands
can possibly pass the House. AS i said
some time ago, II may go through in q
much amended form.
| LEGISLATIVE WORK.
This session is an anomaly. 1t ba,
drawn its slow length through Januar,
and half of the present month withou
| causing much excitement or interest
Few measures of general nature hav,
been acted upon. You can tell what thi
body means to do from day to day, as /
has struck the net of sameness. Let IL,
hope 1t will struggle out before another
month and half passes. Yesterday wa,
just the same as all the preceding days
service. Col. Fisk Townsend was sen
back to Georgetown with a mind at ease
except that the divorce committee had
| knnffy n hand xxbi oh E., tnla
ed nearly all Afternoon. There are man,
| deserving cases before the Legisla.ur
ana few of the parties applying would b.
| able TO have the nuptlal knot severe,
were there no other refuge than tn,
Courts. 1t does really seem that tn
members did wise thing after all, in no
refusing to grant divorces.
GoyBnSoR HALL.
I His Excellency, the Governor, was |,
town yesterday apparently in good healt
and spirits, and, as he ALWAYS is, in goo,
humor. He and his Secretary had a lon
conference as 10 the laying of the lines q
the young administration. Among tn
work done was the appointment of
number of aids, &c. The names give
below are those of Wilmington VIII
were made happy with colonec es' JnC
&. Farra, Thos. Mellon, John w Law
son, James ii. Price and Thomas Fore
The Governor also reappoinied Sylveste
w. Clements As Justice of the Peace fo
ST. Georges HID,
CAPITAL CHIPS.
VIM. Dean has received letter fror
Mr. Lea Pusey informing him that NJ
+. ii. Generett of Name will be in Dove
on the 18th inst. Mr.. Generett is interes
ed in the cultivation of sugar beet fc
sugar and will give the General A,ssn
bly, few ideas on the subject if the
have a mind 10 hear.
,, Miss Maggie Cole, Middletown's prinl
donna formerly of Baltimore where sh
, has quite an enviable reputation as a v,
calisD, gave concert inth Court ii ous
hall last evening, which was an enjoy
bic affair. Mis-, Cole has the tact of n,
only pleasing but of satisfying her aud
ences, and the talent of sustaining u
reputation which had preceded her
this place. Suffice it to say that she di
both Of oftheselthinRs Mr.. Clarence Shan
OF Wilni ngton, accompanied Miss Co
on the piano.
A convention of the colored folks W
held yesterday with a view OF securir
better educational advantages for the