Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-12-18
IMPORTANT QUESTION.

Judge Jere Black, of Pennsylvania,
has written letter to the Chamber OF
Commerce of New York city, in rela-
ton to the proposed act of Congress to
regulate inter State commerce and the
regulation of railroads by State legisla-
ton. Discussing the question Judge
Black advances some very wholesome
and sslutary thoughts, asserting that
while the legally vested rights of the
railway companies "like other kinds of
property are sacred, yet on this question
railroad men may misunderstood their
situation. They believe, or pretend to
belive, that railways are the properties
of the companies authorized TO run them,
which is cadinal error and the parent
of much false argument. A public
highway cannot be private property,
and a railroad laid ont and built by au-
thority of the State for the purpose of
commerce, is as much public highway
as turnpike road, canal or navigable
river. 1t is the duty Of the State to
promote intecourse and trade by max
ing highways of the best sort through
her territory. To this end she may take
land aad materials, which is an exercise
Of the power of eminent domain. She
can build a railway at her own expense,
using the direct agency Of her own Off
GERS, and after il is built she can make
it free TO all corners or reimburse the
,ost by special tax OIL individuals who
have occasion TO use it. She can dele
gate the taking and taxing powers to a
corporation or natural person, and that
is what she always does when she grants
arailroad charter. But in either o. any
case the road belongs TO the State, and
all tie people have right TO use it up
on compliance with the necessary regu-
lations and payment Of proper tax.
II the company may charge what they
please, then the road is not public
highway; the public have DO rights in
it at all, and the charter which author
ICES the taking OF land to build it is un-
constitutional and void.
The railroads being public property
in which all the people have equal
rights, and the companies that run them
being public agents, it is absurd to say
that the State has no right TO regulate
and control them in the performance OF
their functions by such laws as will pre-
vent Partially, plumber and extortion.
This is a power of which no free State
can disarm itself by any act of It's judi
cial, Legislative or executive officers.
They could as lawfully sci! the State
out and out and deliver up the entire
population to sack and pillage."
The article of Judge Black concludes:
az maintain that all the States have a
clear and indefeasable right to protect
their people against such wrongs and to
exercise the power as sacred duty.
When that duty is properly performed
the internal trade of each State will cease
TO be enslavsG and crippled as it is now.
But the commerce between States will
still be open to inequalities and liable to
oppression and plumber by transportation
companies unless the national legislature
does something to save it. Congress has
power ito regulate commerce between the
States. 1t is not strictly within the
scope of that authority when it makes
law forbidding carriers through the State
10 injure, impede or destroy the general
trade of the country by extravagant and
discriminating charges? If that be not a
regulation Of inter State commerce, what
would be? The power being conceded,
an effectual mode of righting the wrongs
now complained OF can be easily devised"