The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-21

saY that when Chief Justice fancy decid.
cd that charters were 10 be construed
"gtficly," and that 90 far rs legislative
authority 10 accomplish the purpose Of
charters was concerned, nothing passed
by way Of implication diminishing the
power Of the State, the beginning, Of the
end-the very end itself OF the old doc.
Irines had been arrived at. Il 10 true
Judge Story aB will as Judge Kent,
d;ssented from this decision; but,
on, the other hand, Chiet Justice
Marshall, as well as other eminent iufists,
and may add, the Court OF Appeals Of
Nirginia, Concurred in it--so that you see,
Judge Black has not only good sense and
Justice on his side, butplenty Of authority
also. He certainly will have the American
people, and most certainly those whose
Unfortunate lot it Is TO live along the line
Of great trunk railway, and who have a
single hope in life beyond that Of siarva.
Ition. It Is really melancholy to observe
the effect on Judge Kento OF the abolition
Of the old English doctrine 10 which he
was SO devoted, aud for the maintenance
Of which, in our constitutional system be
had struck so many powerful blows. In
one place he calls the new doctrine Tex.
traoIdiuary," and in another, "laitud.
inaty;" admitting, however, that 1t Is now
the prevalent principle in American con.
stititional law, addlng-l use his own
Sotds,-"and in my humble opinion 1t Is
deeply to be regretted"
Ii would not be easy TO estimate the ad.
yantages Of railroads TO this country, but
will be perfectly sale to sSY that our western
lands look to them in great measure for
their development. The INTELLldRNcER
alSsys has been, and all sensible men are,
friendly to railroad enterprise. But at the
same time It should be borne In mind, and
never be forgotten, that railroads are pub.
lie highways in which the people have sn
interest as well as the Companies; that rail-
road s'chattersn are franchises '-"privil.
eyes" and confer no such rights as man
has, for instance, in his lands, or III his
horse; that there are, so far as these char.
ters are concerned, Preserved rights" in
the federal and State Legislatures, which
cannot be conslitutionally surrendered;
and that therefore 1t is right, and las time
has shown in the cases Of our oppressed
and impoverished farmers and mill own.
ers and otherp) the duty Of the federal and
State Legislatures to Immediately in.
tertere, exercise that right and sec that
Justice Is done between the companies and
The peoule. We cannot do without rail.
roads; but railroads should be taught that
they are the chartered agents OF the poo
pie: that unnecessarily exorbitant charges
ior freight and travel and discriminating
rates will not be any longer tolerated.
III had my WRv, should start, patron
ize, and aid in every legitimate way in my
power, railroad enterprise in the State. In
the Interpretation OF their charters |
should bear iu mind that every intendment
Is ageiust them and in favor Of State
authority, and II l found that either singly
OF by combination, in the mauagementand
regulations, in the matter Of freights and
charges Of the companies there was VIC.
latiGn Of law to the Inconvenience and
detriment Of the people, Ishould tear up
those charters as II they were waste pa
per. Your obedient servant,
III, CHARLES DAvIRs.