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


they organized under the Charter Of III
State Of Maryland, and therefore are
, Maryland corporation. think, sir, thu
position entirely lntenable, and In tina
= opinion am sustained BY the decisions O
the Supreme Conrtof Virginia, reporte'
In 18th Grattan, In the case Of Gallahnes
heirs against the Baltimore 4 Ohio Rail
road Company; also by two decisions o
"A the Supreme Court OF this State, the cas-
IS Of Supervisors OF Marshall county ~. tliI
n Baltimore 4 Ohio Railroad Company, ant
another Is the case Of Ira Hart, Of thu
county Of Harrison, against the Baltimore
& Ohio Railroad Company.
"a All those decisions have settled that
= questioIrn our favor and yet to-day the
q same plea Is presented and tho same de-
Inand Is made on the part OF the company
o i refer TO this simply because II was alleg'
!. ed yesterday by the distinguished gentle,
J. man representing TINT road and before the
I Judiciary Committee that that company
+ was willing to comply with all the laws Of
the State Of West Virginia, Sir that was
strange declaration 10 me. Had not
known SO much In regard To the action
J. and conduct Of that company, then sir, !
might have been tlattered by the bland
and beautiful speech made by that gem
tleman. | have been led to go deeper in
to these facts and propose to examine
this question from 10 personal standpoint
. or interest have, but for the good Of the
people have theI honorto represent on
this floor and for the good OF thosel l
never expect TO represent OH this floor.
am 80 located that the Baltimore and
Ohio Railroad Company effects me not
the slightest. can get the benefit Of
, competition under any and oil CirCuInstan-
ces. But, sir, the people Of this State cry
aloud for redress OF their grievances, and Il
there can be redress 1t Is the duty OF this
body and Of the other body Of this Legis-
lature to afford to the people the relief
they desire. II Is said, sir, that the Balh-
more and Ohio Railroad Company are act
Ing equitably towards tho people Of this
State, that they are dealing fairly and
honorably, that they are not charging ex-
brilliant and unreasonable rates. Sir,
do not believe there Is Senator upon this
floor that can put his finger on another
trunk line in the United Suites, or upon
another line that is 200 miles In length,
within the limits OF the United States, that
charges the rates the Baltimore and Ohio
Railroad Company charges on local trade.
Sir, | have before me tho annual report Of
the Chief Of the Bureau OF Statistics, in
which that gentleman gives copy OF the
local rates Of transportation upon the Erie,
Pennsylvania, Pittsburgh, IT. Wayne and
Chicago Lake Shore and Michigan South
ern, Michigan Central, Atlantic and Great
Western and Great Western Of Canada
Railroad Companies, and lfail TO find
therein one single railroad that charges the
rates the Baltimore and Ohio Railroad
Company charge.
RATES uPoN OTHER ROADS.
l find here, sir, that the Eric Railroad
charges more than any other. That road
charges for q distance OF % miles on local
freights tariff by the car load Of 4.l0
cents per ton per mile, for so miles 4.l0,
Is miles 2.10, l0OImiles 9 $40, and down
finally TO at 2.l0. The Atlantic and
Great Western Railroad charges for any
distance under % miles 3G.l0 cents per
ton per mile, for 80 miles 2 $40 cents, Tor
Is miles 4.10 cents, and the rates run on |
with all those companies in the same pro-
portion, and you have the facts, sir, before
you, showing that the Baltimore and Ohio |
Railroad have exercised the right, and To- |
day exercise the right, to charge you eight |
cents per ton per mile, and, sir, since
these determinations were called to the
attention OF the railroad-l know the
committee reported, and they supposed
they had some foundation for that report,
that these determinations had been cor
rected, that the company Ind abandoned
the policy Of charging in excess Of eight
cents per ton per mile. But have re-
ceived frequent communications demon
strating to me that they are utterly disre.
garding their promise and the law OF the
State; and to-day are charging six cents
per bushel for wheat from KeySer to Cum.
bcrland, distance OF q miles-two dol
lars per ton-nearly 10 cents per ton per
mile for transporting wheat from Keyser
to Cumberland. | have reason TO believe
the practice is continued all over the State.
II this be the fact can you wonder that
redress from these grievances? Certainly
not, But what is the remedy? What are
We to do? What must be done?
Mr.. President, away back i'll 1887, ten
years after the Baltimore and Ohio Rail.
road Company was incorporated, after they
had forfeited all rights and privileges under
the original charter they applied to the
General Assembly Of Virginia for re.
nowQl Of that charter. The General AS.
sembly then passed an act granting to them
an extension OF the privileges conferred by
that charter. But in that not they reserved
certain rights and privileges before grant.
ed to the Company, and that Company
say today and always have said they 70.
fuse to accept the provisions Of that act
and therefore it is not binding upon them.
From 1897 to lSl7 there were repeated
efforts made on the part Of the Baltimore
and Ohio Railroad Co. 10 SECURE the enact
ment OF q law granting them an extension
OF the privileges and franchises, and in
every act, save one probably, the General
Assembly OF Virginia sought 10 subject
the Baltimore & Ohio Railroad Company
TO taxation and reserved the right Of the
Legislature to control their charges for
freight and passengers on that road. This
sir, the Baltimore i Ohio Railroad Com
pany say they refuse to accept. Not one
single not passed by the General Assembly
OF Virginia from 1887 to 1917, intended to
apply directly to tho company, was nc
copied by the company, and not ono single
act did they propose to be governed by. u
call attention TO the act OF February 10Th,
1915. The General Assembly OF Virginia
passed an act entitled IAN act to author
lie the Baltimore & Ohio Railroad
Company TO complete their road to
the Ohio river and for other purposes" y
nearly the same entitled as "tlle act Of
4 March 9th, 1877" and in that act they rG-
served the right 10 subject that rOud TO
taxation and reserved 70 the Legislature
the absolute right to alter, modify or re.
peal any provision fits charter. But the
company refused to accept. They claimed,
sir, through strange anomaly, that they
are Go.eQUal with the State Of West Nir-
gtnIa; hat they ara nd)we4 with the
right Of eminent domlin and parLako OF
: part OF the sovereignty Of this State, and
wealth aud bid defiance to its authority.
Why enter into discussion that Inns been
founded upon an entire misrepresentation
} of the DECISION of the SuDrcnlo Court of