Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-12-25
JUDGE REAGAN
EXPRESSES HIS OPINION on INTER.
STATE COMMERCE.
Discrimination Not to be ToIerated-Con-
gress Has the Power TO Effect Reforms
Pooling Should be Prohibited
The Demanded Reforms.
INTERVIEW WITH JUDGE REAGAN,

WAsHIYGToN, December 2i.-The fol
lowing interesting interview has beer
held with Judge Reagan:
Correspondent-Tell me, Judge, die
you read Jere Blacks cleanly cut expo
sition Of the right Of universal domair
and the limited title OF railway corpora
tions to land they use?
Judge Reagan-I was member o
the late Constitutional Convention o
Texas, and you will find embodied IL
the organic law OF that State the yer,
assertions. almost IN biidern verbs, q
Judge Black. These corporations onl,
acquire in the soil limited
fright of mer," as the law books
have it, and il the Courts maintain, al
has been held, that railway charter il
a public and not private act OF incor
p0ration, and thus amendsble at tht
will OF the legislature, those corpora
tions are stripped of many dangerous
prerogatives commonly assigned then
by public opinion and by the press
Railways are quasi public highways, fol
the use OF which he pays toll. TheiI
owners are common carriers. Railway
charters are granted by tho highest
power in the State, rather in promotion
of public welfare than to furnish means
of profitable investment for private
capital.
CJrrespondent-It often happensthat
between two points on a railroad there IL
no competition; while between other
points on the same road there are com.
peting lines. Between points connected
by only one road its owners charge
enormous rates. Do you propose to
compel equal rates for equal distances
everywhere? For instance, from St
Louis to Kansas City, about SOD miles
go for 81, while | must pay 81 to Sc.
,laIia, only half the distance. Would
you nut period to this result OF com,
pe:iti)n between lines connecting dis
tant points?
Judge decentralization can only
compel pioXimate justice, and the peo
pie must be protected against inOrdl
nate exactions. Topermit railway NAN
ayers to discriminate between shippers
i'm freight rates and charges for the pur
pose, AS they allyge, OF developing busl'
ness, is to authorize them to use these
corporations for the benefit OF special
iavorites, to the de,riment of others and
IN promotion of individual schemes FOR
the acquisition OF money. The worst
species oi iavoriteism is stimulated, and
ildgraut injustice constantly done. The
public, 10y this system and by these
practices, is made dependent for privi'
lege of transportation upon the capr!ces
aud private interests Of individual
managing railways, and systems OF in
tolcrable and arbitrary exaction are in
sti,uted. This must be prevented by
Federal law, which regulates commerce
between the States.
Correspondent-IIas Congress the
unquestioned power to restrain and
govern these Interstate railways
Judge Reagan--It has been SAID, again
and again, that the Constitution was
wiser than they who made 1t. There
were no railways when il was promul "a
ted, but ii We may make natural deiur'
tions from declarations OF this federal
organic code its founders were most
marvellous prophets as we'll as statesmen
But ali statesmen are prophets. They
anticipated the very evils and contn
gencics that have arisen. In d
dozen instances Kent, Story and
the Supreme Court OF the United States
have asserted Congressional power
under the Constitution 10 compel the
very reforms which | contemplate. and
which this Congress will consiier and
adopt or reject. i have compiled al
the decisions OF the United States Courts
on this subject, and have never failed tC
convince a reader OF this statement OF
the law, that Congress is invested with
every needful power TO effect every
neediul Interstate railway reform. Il
these corporations resist the enactment
of reasonable restrictions upon theil
powers they will he ultimately the great
losers. The people will revolt agains,
an intolerable despotism, having to day
onlv three or four heads, soon to he
moulded into one.
Correspondent Why may not the
English system OF regulating railway
management be adopted here?
Judge Reagan-l have seen no ful
definition OF this English system OF rail
way regu atoms through the interven
ton of Commissioners. The scheme
may work we'll enough in the narrow
confines OF Englsnd or OF ore CT oul
States like Massachusetts,. 1t would
hardly serve a. we'll in the vast area o.
the United States. have other objec
tions to the creation OF \ Federal Rail
wav Commission.
First-The public will he as well in
formed in regard to complaints agains,
railways without as with the Commis
sior.
Second-Congress can provide for the
protection OF the people without as wei
as with the Intervention OF the Commis
sion.
Third-Ii the President or Congress
attempt to appoint such a Commission
to fx ireish,s, prevent pooling and
draw backs. the wealth, intelligence and
influence which CO operating railways
exert will control appointments, and
these Commissioners would b, deemed
by the people the salaried apo!oslsls
and agents OF the mighty corporations
and not OF the people. the general
public cannot combine in making such
appointments or in controlling such ap'
polntces.
Four,h-A limited number OF com
missioners could not supervise and con
troll, With proper efficiency our vast RAJ
way system OF eighty or ninety thou
sand miles OF iron, covering territor!
of three million square miles. and such
2 commission would be too remote iron
the people to confer any responsibilii!
20 the masses.
Correspondent-Wha, do you pro
pose:
Judge Reasan-Instead G! such com
mission We should enact a plain. s'm
PIE code, clearly prohibiting discrlmina
ton in freight rates and charges De
tween in !ividnsls, and restrict power
to discriminate between places. They
should not BE- suffered 10 charge NOR
f,r a shorter than for longer distance
EQUAL dispatch and facilities should D.
required for ali shippers and all trave!
ers. ~Poolins' should be utterly 10
L,bited, and rebates and drawbacks
shonli bs made criminal ofenses. A
;z.h, ani aharrs