Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1879-03-01
sEyaTOR FAULKNER.

The following explanatory ie'n"iA
were made by Senator L. Boyd Faux
ner. in the State Senate, when the final
vote upon Bill No. 1875 was about to
be taken:-
Mr.. PREslDENT.-I feel it due 10 my
self to make some explanation OF the
vote am about TO give. Believing that
some legislation was necessary to pro-
tect the citizens OF this State from the
policy and course pursued towards them
by the Baltimore and Ohio Railroad
Company, warmly and earnestly sup
ported the amendment or substitute OF
fered by Senator Turner to Senate bill
No. 1876. did not regard that substi-
tute as perfect, yet | felt that it would
give that relief that the people were so
clamorous for and ought to have, and
would compel that corporation in its
business and every day transactions
with them to comply with the charter
and general law under which it was op-
Grating. 1t provided for rigid and
Just penalty, which coald speedily be
inforcrd, for a violation of the provis-
ion of lis charter, and judicial construc-
tion in one case would have settled and
determined for all time to come the
rights of the citizens as well as that OF
the company. That substitute was pre-
pared with great care and in view OF
the legal difficulties that might have
been anticipated, and from careful ex-
animation of it, had no doubt III my
own mind that il would stand the test
of judicial Investigation in any Court.
| believe that the astute and able Off
cia.s controlling, managing and direct
ing the affairs of that company, would
at once have discovered That the Legis-
lature had passed a law that could not be
assaulted with the slightest prospect Of
success; that following this would have
been compliance with the charter, all
persons having business transactions
with the road would lave been satisfied
and nothing but the kindness feeling
would have existed along the line. |
also supported the substitute offered ty
the Senator from Tay Tor Tor the same
reasons. But those substitutes having
been defeated, which | regret very
much, entertaining the views that do,
l cannot support Senate bill l55. TIE
principle announced in that bill If car
ried into effect, would in my humble
Judgment be injurious rather than bene-
fetal to our people and would be calcu-
lated TO deter capitalists from investing
their money in railroad enterprises in
this State. Yet this being a mere opin-
ior. might have yielded TO what l
considered the better judgment OF 9TH
ers more familiar with the laws COVER
ing such corporations, and might have
been induced TO vote with Senator
Johnson, It's patron, il was not further
satisfied that the bill aims TO deprive
this company of rights acquired years
ago, and which since lis organization,
have been enjoyed without question. l
can recognize no power in this or any
other Legislature to annbilate the vest
ed rights Of this corporation, and as !
furthermore believe that such legislation
as is proposed in this bill might be con
sidered an interference with that power
given to Congress to regulate commerce
among the several STATES, my conclusion
is that this bill is unconstitutional and
will be SO considered 10y the courts, aud
that it cannot and will not give that re-
lief our people so much need and now
demand, but on the contrary will in
volve us in years of useless and unsuc-
cessful litigation, and during all that
time we will be no better off than we
are to-day, and for them and other reas
ons might assign, feel it to be my
duty to vote against this bill and in
tend doing so.