The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-12-23
JUDGE BLACK ON RAILWAYS,


attention. The doctrines laid down
by the distinguished jurist are so
utterly at variance with the interest
of these men, who are acquiring and
controlling the railroads of the coun-
try, as to show that their attempted
enforcement must meet with q sharp
and bitter contest. Judge Black
says: "Ra;lroad men misunderstood
their situation. They believe, or pre-
tend to believe, that railways are the
property oftho companies authoriz-
ed 10 run them, which is a cardinal
error. A public highway can not be
private property and railroad laid
out and built by the authority of
the state for tho purpose Of CON-
merce is as much public highway
as turnpike road, canal or river"
He admits that the companies have
vested rights that eau not be taken
from them, but denies that absolute
discretion over the rates of carriage
is one of these; for, if the company
may charge what it pleases, then the
road is not public highway, the
public has no rights in it at all, and
the charter which authorizes the
taking of land to build it is uneon-
stitutional. But railroads are pub
lie property. "and being public
property in which all the people
have equal rights, and the compa.
nies 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 ,aws as will
prevent partiality, plunder and ex,
tortion." In answer to what are
reasonablerates for railway carriage
Judge Black would have the cost,
or what ought to be the cost of a
road, estimated by competent en-.
gineer; 'this being ascertained,
you have the true basis of calcu.
lation which will show how much
the tolls ought to be-" The extreme
ground taken by Judge Black, If put
in operation, would necessarily
prove detrimental to the interests OF
the railway companies, and OF
those seeking transportation and
travel. There may be point where
legislation may be operated as bal
ance between one and the other, but
what it IS and how it is to be en-.
forced, is yet to be shown. The
condemnation of land for public
wagon road is one thing; the con-
demnation for a railroad decidedly
another. The county or city pays
for land condemned for the one the
railroad company pays for the other;
and the reason why legal condem-
nation intervenes in favor of the
latter is. because it is a neces-
sity for the successful construc-
ton of these highways. The right
of interference in certain instances
is not denied. Every man has a
right to ride on a railway train or to
transmit goods by rail provided he
vince of law to say that charges for
travel and transportation shall not
exceed given figure, but should the
railroad company desire to convey a
passenger from Austin to Houston
for 81 instead of SS, as permitted by
law, there should be no power, de-
rived from the legislature, which
could interfere and say that the in
dividual shall not accept these mini
mum rates sometimes offered by
railroads. Touching this question
the St. Louis Republican says:
"The roads reduce their rates
quite as often as they raise them,
and it is well known that the gen.
eral tendency has been and still is
towards cheaper rates. A reduction
which benefits one business man may
injure his competitor but shall a
road, therefore, have no right to
lower its rates for the benefit of all
who choose 70 take advantage of it +?
The rival lines between ST. Louis
and Kansas City sometimes carry
passengers through from one point
to another for ono dollar, without
carrying them to Warrensburg and
other way points at proportionate
rates-and the people living at the
way points complain of this discrim-
nation. But shall the roads be cont
PEELED TO maintain their prices7 Shall
laws be enacted forcing them TO
charge eight dollars from St.
Louis TO Kansas City. when
they desire at times to charge only
81. is there to be prohibition Of
the excursion rates, which enable
hundreds of thousands of persons
to travel who cannot afford TO pay
the regular rates? The railroads
do an immense amount of traffic. on
charges far below what would be
reasonable, estimated on their cost,
and find their compensation in the
doubled and quadrupled business
the low rates bring; and ii would
certainly be anything but a protec-
ton to the public to prohibit this.
A few years ago it was almost i'm
possible to raise grain at a profit in
Nebraska and Kansas but the roads
have made it profitable by lowering
their charges for carrying il. The
grain growers of New York
complain that this is serious
disadvantage TO them, since IL
brings cheap Western grain, grown
on lands worth only $1.25 an acre, in
competition with their grain, grown
on lands worth $50 per acre. But
what do the farmers of Nebraska
and Kansas say2 Would they be
benefited by law which prohibited
low rates on long runs?
1t is evident that anv system of
congressional regulation of railroad
rates will have TO be very carefully
and discreetly devised, lest, while it
protects certain populations equally
large and having interests quite as
important"
Sidney Smith cut the following
from a newspaper, and preserved it
for himself: "When you rise in the
morning, say that you will make the
day blessed TO a fellow-creature. II
is easily done; a left-off garment to