Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1879-01-28
TIE RAILROAD COMMITTEES
REPORT,


committee, consisting of Senators johnson
and Butler on the part of the Senate, and
Delegates Robinson, johnson and Lowe, by
the House, was appointed to inquire whether
the charges for travel aud transportation over
the Baltimore and Ohio Railroad in this
State are legal, just and equitable.
1t is also well known that this committee
has been at work since its appointment in
taking testimony and collecting data upon
which to feGad report on the matters SUBJ
mi,ted to them. Upon coming together to
make up and agree upon the points of the
report the committee divided in opinion on
important particulars and consequently two
reports are submitted, one by the Committee
OF the Senate and the other by the House
Committc.
The two reports agree as to the fact of dis
ordinations being made by the company in
giving rates between Wheeling and Balti>
more much less than between either city and
many of the intermediate stations in the
State; and also that the company has charged
less between stations west of tho Ohio River
to intermediate station in this State, than be-
tween Wheeling and the same stations
There seems to have been no conflict in the
evidence on these points, nor is it denied by
the company, but on the contrary the COM
mittee states that many OF the grievances and
inequalities complained of in this regard.
have been corrected by the company, at the
instance of the committee, since it entered
upon its duties, and they estimate saving
of many thousands of dollars to the people of
this State by these changes.
Further. in this connection, Vice Presi-
dent Keyser on behalf of his company, has
submitted new tariff which is proposed to
be put in operation by the first of next
month, which reduces the schedule of rates
on passengers aud freight from 90 to so per
cent making the rates for passengers. ac-
cording to the House report. lower in most
instances than are required by law.
The reports further find upon the facts
that the Company has failed to comply with
the law in keeping posted at the several pas
senger and freight stations schedule of
rates, &c.
These arc the findings as to the facts upon
which the reports agree. But upon the
questions of law the committee differed, the
members of the Senate giving them one con.
struction and the House another aud different
interpretation.
The legal question which divides the com-
mittee is one which might also divide the
courts. and arises upon a very awkward and
badly framed statute of Virginia, passed in
1917. for the purpose of regulating the
charges over the Baltimore and Ohio rail-
road The statute provides that said road
''shall not be permitted to charge for trans
portaton or trade to or from Baltimore, from
or to any point distant more than FIVE miles
in direct line from the Ohio river, more in
the aggregate than for transportation or trav-
ell from Wheeling to Baltimore, or from
Baltimore to Wheeling, respectively. &C."
One report of the commitee-that of Sen.
ate-ccnstrucs this clause in effect to pro-
hhit any discrimination between way" or
"locar' and "through" rates oftransr ortation;
that 1t limits the rates OF charges between
any TWO stations, over any part Of the road
within the State, to the same amount per
milo as is charged per mile for the whole
distance between Baltimore and Wheeling.
That is to say, they make the term taggrc-
gate" to mean that the aggregate sGm-of-
charges between loc.l stations, or over any
number of miles of the road, must not ex-
ceeds for any distance the aggregate sum
per mile charged for the whole distance.
The other report, by the members of the
House, takes the view that the object of this
law was simply to prevent the company Civ
ing q lower ratio between Baltimore and
Moundsville (where the road first touches
the Ohio river) than between Wheeling,
thereby, delivering the traffic on the Ohio
Wheeling of the advantages of its terminal
position. The conclusion bv them ia there's
70 g, that the object of the law was not to es.
tabIish the distinction that should be OBJ
served between way" and "thrcush" rates.
only far to prohibit charging "more for
less distance than greater"
We do not believe, however. that the eatis-
factory disposition Of this controversy between
the Baltimore and Ohio railroad and the State,
depends upon the construction placed upon
the law in question.
To attempt to force the Company to q COM
2 lance with the law under one Interpretation
means simply resistance by the Company
aud a resort to the Courts. For even those
who think the law will bear this construction
are not disposed to enforce it, as they arc
aware the Company could not comply with it
and maintain itself That division of the
Committee which inclines to such interprc>
tation has said that if their province was TO
Inquire whist the law ought to be, they
would probably recommend that the law
he so amended as to allow the Company to
charge much higher rate than the law
in their viev-'pern "
The Legislature will doubtless find a short>
or, more comprchens aud satisfactory plan
of adjusting the difficulties in question than
through a long course of Expensive litigation.
TIE whole people are anxious and demanding
a speedy and permanent disposition of this
C, ntrovrrsy aud removal of the grievances
complained Of
II Mr.. Keyser's disposition and represen-
tations in this connection any ground of
assurance, the company is inclined to subs
NIT to such fair and living conditions as may
satisfy the Legislature in the regulation of
its traffic in the State. His views and opir~
inns upon the matters at issue will doubt
control the action of the company. and VIC
feel sanguine that the Legislature will have
formidable difficulty in SO adjusting this