The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-08
OH Gntdhrgettter,
.nr pnksENr sEN.IoN oF GoNaRtss
-. pov,r Of tho Government Over the
II" O,,,, Ion OF transportation.

n, ,,,eenback candidate for President
.. the question Of transportation, wert
%,so, A. these resolutions are important
',5Ij.ev to become more so, We repro
I.,s,bem in this article, as follows:
.YResEAs, Grave abuses exist in the
,,,esmpn, Of commerce between States
-sS,r5y the producing and shipping inter
~. If tho country are constantly com
s,I4I to pay mos; unjust or exorbitani
,,'..oItransporia;iOn, therefore,
'S'g,spd, That in the judgment OF this
u,,..;t IL The duty OF the General Gov.
,.o+Ss ..orsr, 10 a. once exercise its ConsLitu'
.,"I rights to regulate commerce be-
.~ssn .Sas lie states by the passage OF such
nv. and establishing such regulations ss
III .tcrre 10 the whole people just and
'mo,t,IaI rates Tor the transportation OF
NH M I,eiSl. and passengers"
these resolutions embody the substance
Jne7.h section oil the National Green.
s,ek Platform adopted at Chicago last
bss. They comprise part Of that plat.
b,n shich We are inclined to heartily en-.
I,,,e We are glad that Mr.. Weaver has
I'm, early in tie present session brought
s.nto,he attention OF Congress and OF the
,,,,ry. Tie time has fully cometo take
IN tie question Of railroad charges for
he transportation OF freight. 1t is des-
met 20 become question OF oyershad'
,s;p, .atsres: ard importance to the
American people. Judge Black has
,pplri The keyuote in his late letter to
Il. New York Chamber Of Commerce
Al uis question. In order that
,r readers may understand the
hi significance and boIdness Of the prep.
,E,ioas which as a great lawyer he has
4dd3Tn. We summarize them as follows:
n. begins his letter by the assertion that
1ai,e,h= legally vested rights Of railway
snpsa.es, ike ether kinds OF property,
II. sacred, ye: on this question railroad
men nav misunderstood their situation.
.fhey believe, or pretend to believe, that
nlrsys are the property OF the companies
rborted to run them, which is q cardi.
nd error and the parent OF much false ar.
nnen;. \ public highway cannot be pri.
ue property, and a railroad laid out and
,slt by lae authority OF the State for the
,rroses Of commerce, is as much apublic
k,hray as turnpike road, canal or navi-
,eHysr. I:islhe duty Of the State to pro-
uY,ein,srcourscand trade by mskinGhigh.
Iiy.ot the est sort through her territory.
u ,hi4 5ni she may take land and mate
,Ils. lish is III exercise OF the power oil
.ulrea, domain. She can build railway
her own expense, using the direct
iisncy Of her own officers, and alter 1t 10
bull: she can make it free to all comers or
an'nre tue coat by special tax on in
tigiil4.s who have occasion to uee it.
Sie can delegate the taking and taxing
v5Es,st0 corporation or natural person,
Iui that is what she always does when she
Cants a railroad charter. But In either
tapy case the road belongs TO the State,
nd al tho people have q right to use it
15ou complying with the necessary reg
l!li1us AMI payment OF the proper
III. II the company may
charge vita; it pleases, then the road is
lOta pab ic highway; the public has no
rsh's,a il all, a1d the charter which au-
tories the taxing OF land to build 1t is
unconstitutional and void. These psinci'
v.ei we're stated by Judge Baldwin in
Blnnpar,e agaius: the Camden and Am
bay RGr1si Company Il Bald. Rep. 252).
You vii. tnd more extended discussion
cI them by the Supreme Court OF Penn
Ulyania, In Casey ve. the Erie and North
Ve.t Railroad Company (2 Casey's Rep,
81; 10 not think they are opposed by
I1y nigh authority, but no doubt they
hare been ofteu overlooked in Judicial de-
c!Sious and fOrensic Grgun ents.
The railroads being public property. IN
Ebicb all tue people have equal rights,
I1i the companies that run them being
public syenis, il is absurd to say that the
State has no right to regulate and control
them in the performance Of their functions
By such lava as will prevent partially,
puuder and extOrlion. This Is y power
(Which no free State can disa:m itself BY
Iuy act OF Its Judicial, legislative or execu.
.ye officers. They could IS lawfully sell
lie State out and out deliver up the
entire population TO sack and pilIage.
"The reasonabsness ot the
height tolls or taxes that may be charged
5pon any railway will depend on the eI
peuses Of running and repairing it and on
The cost Of construction. The latter will
otcourse, be the principal element in the
calculation, Tor the tolls ought to be high
enough to give the corporation fair prof.
90 the capital they have actually invested
Bot many OF the corporations have issued
.Arve smounts Of stock and mortgage
bonds for which the holders have patd
nothing or much less than their nominal
viue. Another way OF enlarging their ap'
parent dimensions is to water their stock
under the pretence OF increasing their
epital while in fact the additional shares
are divided among themselves without
plt:inHS new dollar into the business
VI course, nobody thinks that the reaI
cost oil the road is to be measured by the
soninal smountot these bonds and shares
:iS easy for competent engineer 10 tel
how much any road ought to cost, sup
posingth work to be honestly done anc
Aoersy paid for. That being ascertatned
you have the true basis OF II calculation
Eeich will show how much the toll
ought to be.
Common Justice imperAtiyely requires
that Ireights be fixed, settled and pre-
scrbed by Law, and tha. they be no
changed at the mere will OF the railroad
e1npanies. But the discrimination
Ehich make the rates unequal are th'
nost odioUs feature. A grain dealer 3
Baltimore gets reduction or draw oaci
saich is denied to others, and he makes
hruue for himself while he ruins hi
COMPETITORS by undersellirg them. !
single mill at Rochester can stop tn
Eteels OF all the rest il it's -four be carrie'
nArS,e much lower. By determination
c' this kind tho profits Of one coal min
nay be quadrupled, while another, Will
a! its features and machinery, |
rendered worthless. Such wrongs q
these are done, not only in few speradi
eA'es, Bu, generally and habitually on
very large scale. Certain oil men who's
'etnery vas on Long Island got rebate
amounting TO $40 600. 600 in eightee
nbrNks n,J ..-a..t,. ., ;pn hanaba N hAliAV