The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-12-09
Railroads and the Public.
[Phllatlelnhia Press |

As the time for the reassembling of
Congress and State Legislatures APP
proaches the railroad problem discussed |
so much last winter comes again to /
the front. The principal grievances
of shippers are that the railroad com |
panics do not treat them with equality. |
discrimination being practiced both |
against communities and individuals; T,
that rates are suddenly and arbi.
trarily changed with ruinOus effect on
their business; that charges are deter
mined by the new principle of "what
the traffic will bear" which in effect
compels producers to divide their pro
fits with the companies, instead of
paying only reasonable rates based on
the old rule of cost of service"
That these complaints are well
founded, has been fully proven, and
in fact. is not denied. The great hard
ships which these practices of the rail
road companies entail; their inequity
and radical inconpatibility with the
interest of the public, have been so
often and fully set forth that IL Is un-
necessary to revert tn them. The evil
is admitted to exist, but how can it
he cured, or can it he cured at all?
Has Congress or the State Les isla-
lures or both authority to interfere?
II they have, in what manner and tn
what extent can they exert this au-
thority without doing injustice To the
railroad companies and perhaps caus-
ing more mischief than they cure?
The New York Chamber of COM
merce has become conspicuous for the
zeal and earnestneSs with which it
seeks to relieve shippers from the
oneorus exactions oT the railroad
companies, or at least the excessive
power which they now possess to
| make or mar the business of their
patrons IN pursuance of this pur-
pose it sent Il circular letter TO men of
prominence and position throughout
the country, containing Il series of
questions and u request for their
views on the points involved. The
! reply returned by Judge Jere $. Black
| is Il valuable contribution to the liter
ature of this veXed railroad question.
The position there laid down as to the
! legal status of railroads, though based
on rather venerable decisions, has
nevertheless an air of decided
novelty.
The claim made in behalf of the
railroad corporations that the roads
are their private property, which they
have right to manage as they please,
is clearly untenable. 1t was laid
down two hundred years ago by Grief
Justice Hale that when private prop
crtv is affected with II public interest
it ceased to be merely private property
This is good law to-day. 1t has been
reaffirnie, by the United States -u.
prenIe Court, which declared in q re-
cent case that where private property
is devoted TO public Use it is subject to
! public regulation. 1t is on ills princi-
pie that banks, bridges, wharvcs. fer
ries and turnpikcs have long been sub
ject TO legislative regulations, and rail
roads clearly come within the same
category. Judge Black, however, is
no, content to rest the authority oi
the Legislature over railroads on this
narrow basis. In his view II railroad
is not private property affected with Il
public use, but ii is pubic property in
which the railroad corporations have
no proprietary right, title or claim, ,bu.
Il mere franchise annexed to and cX-
ercisabe thereon.
a railroad. the Judge argues, is a
pubic highway laid out and built by
the authority of the State for the Ilir-
whether the State builds this road at
her own expense or delegates her tax
ing and taxing power to "a corporation;
in either case the road belongs to the
State and all people have IL right Il
use it upon compliance with the ne
cessary regulations and payment %
the proper tax. This premise bcinl
granted, several important cCncluS
ions irresiStibiy follow. If II railroad
is Il public highway the amount of the
tax, toll or freight is not IL matter o
bargain between shipper and corpor
alton. but II thing to he fixed 10y pub
lie authority. The vested rights o
the corporation are limited to the
privilege OF taking fixed, reasonabl.
and uniform rate iOr all PERSONS alike
according to the use they make OF the
roal. Ifthe railroads belong to tho
people the rights of all citizen:
are equal and Determinations are uu.
lawful.
Without questioning the soundncs:
OF Judge Blacks reasoning We CON
slider it fortunate that Il just solution
Of the railroad problem need not awai
the general acceptance of his views
The power of the National or Siat'
Governments to restrict railroad
: charges, prevent discrimination, pro
hibit the granting of rebates, and com
, PEI SblIlc l'tIIlldhtbtg anu ullllbl illl .
of rates is sufficiently well settle
without assuming that railroads ar
public property. Unless the railrna'
companies themselves iorestall action
,, and yield to the just demands of ih
public on the points indicated thi
) legislative power will almost certainl,
he called into requisition. Whethe
it would be exercised wisely or fool
ishly is impossible to foresee. 1t i
perhaps vain to look for any conces
sions from the railroads The spher
of the State Legislature is too re
stricted for any effective action OF
this subject. The only resource is il
Congress. The evils to be remedie,
are patent. The danger. however,
that the advocates of railroad regulf
tiun will defeat their own purpose b.
endeavoring to accomplish too niue
I at once.