The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-12-21

II inc De8sIAtuSe ul 0e4& y nA4 the right to
appoint commission 10 ssEs under advisemsns
and regulate the tariffs af Ailseads within her
bOrdsrA Why has not tbs Legislature Of this State
the same rightt
If such right h conceded, then Mr.. Editor. can
you evolve from your fersilsF brain any railroad
in this broad land which konld warrant the
appointing of commisais1 Sor sald purposes
more than the nanagementsef railroads. in this
State?
If there is any doubt in your mind as to the
necessity for some action On ihe part Of such %
have the right to investigate such matters, post
yourself in the discrimiuatioa which 10 made ON
heights to different points In the State. II 1
mistake not the freight nm barrel Of -four from
St. Louis TO Jacksonville . seventy nine f7g)
cents; from ST. Louis to Tallahassee, two dollars
and eleven (e21D cents; and on other articles q
prOport'oDate differences. AID From all points the
same discrimination. When such iniquitous dis
examinations are brought to the attention Of
railroad officials, you are promptly met with the
answer that these Determinations are in conse
quence of competing lines, and where no CON-
peting lines exist, then the roads not 20 situated
are entitled to their " arbitraries."
1t has been aptly said of some railroads in the
State that all which is left to them now is "a
streak of rust and an arbitrary" Well, this is
about all they want to enable them to pay fat
salaries TO the railroad officials while the people
who built the roads, and who, claim, still own
them, and now with shattered fortunes look on
and bewail their inability TO help themselves.
If the incoming Legislature will de their duty,
the people will be in a condition to help them
selves.
Do you see any effort being made by the man.
agement OF some Of our roads to build MP the
material interests of the people whose property
they are in charge of, by encouraging truck
raising, by the introduction of fertilizers and
improved seeds, and in such ways increasing the
yields of the great crops of cotton and corn : II
you think you can, look al the cnst of bringing
barrel oI Irish potatoes from New York TO this
place, or ton of guano; see what is the cost of
ticket from New York, Boston or Chicago to
Jacksonville; then see the coet of ticket from
the same cities to Tallahassee
Mr.. Editor, have no personal quarrel with
the managers of our roads; but, % officials in
charge of property which belong to tie people,
think am not uncharitable or unreasonable in
charging upon hem q failure to protect the in
terests of all the people alike
In conclusion, would beg you will publish
for the information Of al concerned, the opinion
of that distinguished lawyer and iurist, Judge
Jere s. Black, made public in his letter to the
New York Chamber of Commsrce, as to the
right vested in States TO control the tariffs of her
railroads. The publication of Judge Blacks let
ter viii furnish food for reflection for all con-
eerned, and should cause our Legislators to be
constituents in the matter MORE AVON
GREAT NATIONAL PRoBLEM-JUDGE BLACKS
VIEWS ON THE INTER STATE COMMERCE. CUES
TON.
From the New York sua.l
The Special Committee on Railroad Transpor-
tation OF the New York Chamber Of Commerce
addressed q series of questions to prominent men
in various parts OF the country in regard to the
right of railroads 10 regulate prices and respect
ing other topics raised in considering the subject
OF inter State commerce. The following ls the
reply OF Judge J. 8. Black:
YORK, PA, Nov 16, 1880.
Committee on Railroad Transportation Of the Neae
York C Ck0gs6sr Of C0mmsrcs.:
GEKTLE1GEN: You propose q movement in
favor of some legal regulation which will compel
railway companies to perform their duties to the
public on proper terms. ri
] will answer your questions a. directly as
possible, but without observing the order in which
you put them.
You desire all things to be just The legally
vested rights Of railway companies, like other
rights of properly. are sacred, and no violation
OF them comes within the scope OF your design
But on this question railroad men misunder-
stand their situation. They believe, or pretend
to believe, that railways are the property of the
companies authorized TO run them, which IS
cardinal error, and the parent Of much false
argument.
A public highway cannot be private property,
and railroad laid out and built by the authority
of the State for the purpose OF commerce ID as
much public highway as turnpike road, canal,
or navigable river.
Il is the duty Of the State TO promote inter-
course and trade by making highways Of the
best sort through her territory. To this end she
may take lands and materials, which is an exer-
else of the power of eminent domain. She can
build q railway at her own expense, using the
direct agency Of her own officers, and after II y
built she can make 1t free 10 all corners, or reim-
buyse the cost by special tar on individuals who
have occasion TO use it. She can delegate the
taking and tho-taxing powers to corporation or
Q natural peEsDn !. and Ahat 10 what she always
does when she grants . railread charter. But in
either case the road belongs TO the State, and all
with necessary regulations and payment Of the
The corporations who have got into the habit
Of calling themselves The owners Of the railroads
have no proprietary right title or claim to the
road thsmseivss. bat mere tFaachise annexed
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