New-York tribune., 1880-01-13
RAILROAD LEGIsLATI0N.

\ railroad Dill mas Dtcn puDHSntD, puIpOlt-
ing to come from the Hepburn Committee.
This is a ridiculous mistake. The Hepburn
Committee has nothing to do with il. Not a
line of the bill it is expected to report
has yet been written, and Nh. Hep
burn, as well as other members OF
the committee, openly declare their dlsap
proval of the bill which has been thus absurdly
attributed 10 them. It's real author is sup
posed TO be Mr.. Simon Sternc. Neither the
railroads nor the public will consider it
matter of much importance. 1t seems
likely to command no responsible approval
at the time of its introduction, and it is i'm
probable that any judcious committee can be
expected to report it. Nevertheless, this ex-
tlaold!nary bill deserves some attention as
an evidence Of the crude ideas iii respect
to transportation and rights OF property which
prevail among men of generally sound sense
and upright purpose.
Ii WAS said IN TIE TRIBUNE, prior to the
State election, that the railroad question ought
70 be faithfully investigated and acted upon by
the Legislature; and that the Republican party,
if in control would seek to protect the
public interests and to adjust tie relations Of
the c0rporations TO the State upon iwisel
and more just footing. Undoubtedly, this Is
the aim of the framcr Of the bill in
question. But he does not seem to have taken
an impartial view Of the matter, and the pro-
posed legislation is in some respects as un-
wise and unreasonable as that adopted by any
| Western State III the heat Of popular excite
ment.
This measure wQuld cost interminable hti-
cation. It would annoy and vex the owners
IF railroad property, and yet would accomplish
nothing. In truth, il it had been the desire Of
| the shIewd railway managers to prevent
n genuine and effective reform in their rela-
tons to the State, they could hardly have done
| better than to promote the passage OF
| measure so certain as this to be In
validated by judicial decisions. In some
| respects the bill goes far toward absolute con-
fiscation Of property 1t would be resisted at
once. without doubt, and decisions from the
earliest charter OF railroad corporations to this
day, and casting light upon almost every
phase of the question. will be cited by the
railroads, if the bill passes. as proof that il is
both unconstitutional and contrary to public
policy
The 30th section provides that 1t shall be
unlawful for any railroad company TO divide
| earnings, or dppOrtlOn QUANTITIES vi TtiRHt
carried, with any other company. Such pro-
vision strikes at the very essence of the
franchise originally granted to the railroad
companies, and denies them rights from
which no other private individual, no
other firm, no other corporation is de-
barred. In effect, it prohibits them
| from carrying freely, as to time or
quantity, within the limits of their original
franchise, and it can hardly stand the test of
judicial inquiry. Again, section 40 prohibits
any preference of large shippers, which is as
absurd us If an act should prohibit
| Mr.. Thurber or any other wholesale merchant,
from selling by the cargo at n lower rate than
by the pound. Again, the bill requires u
charge of the same rate per ton per
mile for long or for short distances.
This is even less rational than the
wild and lmpracticable measures which have
proved so injurious in some Western States
that popular Outcry for their repeal
has become far stronger than the de-
mand which prompted their passage.
| Such provisions are so obviously contrary
TO public policy and equal justice that it
is hard to see how any court can give them
effect.
The creation of railroad commissioners. with
properly limited powers, would hot be obiec-