The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1880-12-09
Two Important Questions.

WI 4AROA UcbAt saku0S1lOuS.
Judge Jere s. Black has written letter
TO the Chamber OF Commerce of New York
city. in relation to the proposed act of Con-
gress to regulate Interstate commerce and
the regulation of railroads by State legisla-
ton. Discussing the question Judge Black
advances some very wholesome and salu-
tary thoughts, asserting that while the le-
gally vested rights of the railway compa-
nies s'like other kinds of property, are sa-
cred, yet on this question railroad men may
misunderstood their situation. They be-
lieye or pretend to believe, that railways
are the properties of the companies author
lied to run them, which is a cardinal error
and the parent Of much false Argument
A public highway cannot be private prop
erty, and railroad laid out and buil5 by
authority of the State for the purpose of
commerce is as much public highway as
turnpike road, canal or navigable river
1t 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 land and materials, which
is an exercise OF the power OF eminent do
main. She can bnild railway at her own
expense, using the direct agency Of her
own officers, and after it is built she can
make it free to all corners or reimburse the
cost by special tax on individuals who have
occasion to use it. She can delegate the
taking and the taxing powers to corpora
ton or natural person, and that is what
she always does when she grants railroad
charter. But in either or any case the road
belongs to the State, and all the people
have right to use it upon compliance with
the necessary regulations and payment OF
may charge what it pleases, then the road
is not a public highway the public have
no rights in it at all and the charter which
authorizes the taking of land to build it is
unconstitutional and void.
The railroads being public property in
which all the people have equal rights, and
the companies that run them ing public
agents, it is absurd to say that the State
has no right to regulate and control them in
the performance of the ir functions by such
laws as will prevent Partially. plumber and
extortion. his is a power of which no
free State can disarm itself by any act Of
its judicial, legislative or executive officers.
They could as lawfully sell the State out
and out and deliver up the entire popula-
ton to sack and pillage."
The article of Judge Black concludes :
II maintain that all the States have clear
and lndefeasible right TO protect their peo-
pie against such wrongs and to exercise the
power as a sacred duty. When that duty
is properly performed the internal trade of
each State will cease to be enslaved and
crippled as it is now. But the commerce
between the States will still be open to in
equalities and liable to oppression and plum
der by transportation companies unless the
national legislature does something to save
it. Congress has power to regulate COM
merce between the States 1t is not strictly
within the scope Of that authority when it
| makes a law forbidding carriers through
the State to injure, impede or destroy he
general trade of the country by extraya-
CANT and discriminating chargess If that
be not regulation of Interstate commerce,
what would be? The power being conceded,
an effectual mode of Fighting the wrongs
now complained of can be easily devised"
There is nothing new In these views, but
they sound strange coming from Judge
Black, who is regarded as prominent
exponent OF the old Democratic straight
laced opinions about the limits of Con-
gressional action, and railer against what
is termed by that party the centralizing
tendency OF the government. They indi
cate that more practical consideration is
to be given 10 matters of public interest
even by such pronounced theorists as he il
known to be, and that questions affecting
the public welfare should be discussed in q
business way and for business ends.
Another important subject which will
engage the attention of Congress is that
mentioned in the following special tele-
gram from Washington. "An effort will
be made, so it is said, by Senator Burnside
to secure the passage during the coming
session of his Educational Bill. The bill
it will be remembered. provides that the
proceeds of the sale of public lands should
be devoted to educational purposes. The
money Is to be divided among the States
for the first ten years In proportion to the
average iliiteracy of their inhabitants. The
bill was reported unanimously from the
| Committee on Education and labor last
session, and stands near the head OF the list
on the calendar In the House there is an
other measure pending also, which pro-
vides for devoting the unclaimed bounties
of colored soldiers to the erection of build
| ings for educating the colored chi dren OF
the South. 1t is doubtful whether the lat
ter will be brought forward during the SEES
sion but with regard to the Burnside Bill,
considerable pressure will be brought to
bear. Senators Morrill, and Baily and Sen
ator Edmunds are its foremost supporters,
and it was developed at the last session that
the Southern Senators were inclined to look
upon it with favor"
| While there is no connection between the
| two subjects above nOted.so lar AS their prac-
teal relations to legislation is concerned,
yet the same legislative policy which would
govern in the one would have application
in the other. Gen. Garfield has expressed
himself in very decided terms upon the in
terest which Judge Black discusses, and in
sympathy with the views advanced by the
Judge, and President Hayes has in still
more conspicuous manner endorsed the
principle Incorporated in the Bill OF Sena-
| tor Burnside. Both of these questions
should receive prompt, careful and oppor-
tune consideration OF Congress. 1t will be
remembered that few months ago Hon.
A. H. Fl. Stuart, of this place. presented to
the Board of Trustees of the Peabody Ed
ucational Fund. very elaborate, learned
and exhaustive paper sustaining the policy
Of the Burnside Bill, and that it was not
only accepted by the Board as expressive Of
q