The New York herald., 1879-12-02

lar" he continued. "that it is within the power of
State to many questionable laws not ut all in
fringng the federal constitution. The first ques-
ton in regard TO such laws is whether they
are in conflict with the constitution of the
ernment does lot dominate State legislation so
long the latter Keeps within its domain.
Therefore any Hesitation relating to corporations Is
State constitution. On this question the supreme
tribunal of the State is the dominant Judicial power
What it decides to be law is law till reversed II
are to understand that railway companies are
public corporations.' or in any legal sense
That in one single particular they perform
public function is not disputed. They are COM
mon carriers of freight and PASSENGERS. Io
that extent they perform public function.
The counsel the other side claim that because the
right of eminent domain is exercised IN pehaiI OF
rations, and the State can do what it pleases with
their property. dissent from this view What
affairs OF corporation that right does not rest
the fact that the State has aided the corporation IN
obtaining the right OF way Inc matter OF eminent
of the rights. powers or privileges con-
ferred by the sovereign authority on the
time to time to fix. regulate and receive
the tolls and charges by them to be received
te tSe GENERAL Railroad act Of 1850 the State pledged
itself to require reduction of rates without the
consent of the corporation until the net earnings or
profits of the company should exceed ten per cent
the capital actually expended. The object Of the
statute was to encourage the construction of rail-
should not be curtaiied by legislative interference
until examination should be had. Until thesecon-
ditiops have been complied with. any legislation
looking to or involving any reduction Of the rates Of
transportation would be breach of the pledged faith
OF the State and a violation of justice.
GENERAL TOPICS
''Now, somo observations few general topics
which the other side early brought into this pro-
..Frst-The attempt made at the very outset to OK
cite prejudice here and in the minds of the people Of
the State against corporations in general and rail-
roads in particular This was an attempt to fore
stall justice by poisoning its fountains with hostile
prejudice Again. in the opening speech of counsel
Emporium in in,pe'Io. am in the condition of the
poor fish woman of Bilingsgate who was told
that she 'dodecahedron.' Her countenance
and her voice fell and she plaintively exclaimed
Not that; OH no; not that (Laughter) But the
most astonishing charge in this series is that the
railroads control the press Having wholesome
reverence for this great power in modern society
have during this investigation kept note of the
utterances OF the press l have collected several
the railroads with any excess OF fairness candor.
Observation-Disclosures idea which the gentleman has
exploited is that the State has contributed some
thing toward building the railroads. and that this
entities the Legislature to control them. But this
h at n9 r
''Thrd-It is said that railroads are common car
rers for hire and therefore affected with public
interest The press was likewise an institation af-
fected with public interest yet the policy of both
organic and statute law practically exempted it
from control or regulation.
.sThe law applying to railroads is the law Of CON-
carriers which interferes with business little
possible. That legislation can change the laws Of
trade must be permitted to doubt. There are
some evils growing out Of tho operation Of
great railroad lines. Some of the evils
were curable, others incurable. except by
prohibiting the Of railroads carriers of freight
The managers anxious to remedy defects as
the public. They exerting themselves to pro-
tect the business of State and city, The experience
of such will be better and safer guide in the
transaction Of such business than statutory code.
Legislation the subject would prove more injuri-
GUS to shippers and communities than any Of the
evils of which they now complain. am aware that
the paternal theory of government is gaining ad-
herents now in this country. When these toiling
and voting millions undertake to apply this theory
to remedy the evils which atiict them, they will
tend the 'hard.panning process to other property
beside that of railroad coporations."
This concluded ex-Judge Shipman's address. Mr..
Serne said that he desired to call another witness in
relation to the petroleum business. Mr.. John G.
Welch statistcian on the subject. was sworn and
testified to a number of statistics in regard to sh
ments and receipts of oil. 4.
The committee then adjourned until ten o'clock
this morning