The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1880-12-18
JUDGE BLACKS LETTER.

that when the clcctlOnS were OFcI, We
would cease to have anything either
new and startling, are again mistak-
en-. for all that, and more too, is CON
tanned in Judge Blacks letter of the
10Th November, addressed to the
Committee on Railroad transporta-
ton of the New York Chamber of
Commerce, in response to certain
questions submitted to him and 9th
ers by said Committee.
We have read that letter carefully,
and tried to study and understand it
in all it's bearings, tendencies and
motives, and we are constrained to
say that we regret that Judge Black,
or any other man, reputed as Nation
al or conservative, should write such
q letter; for we regard it as bold,
startling, aggressive, illogical and es-
sentially communistic. Let it be car
ried out by the States and Federal
Governments, and communism and
consolidation are facts accomplished.
Private and corporate rights of prop
erty are all swallowed up in the
wave of State and Federal power.
Nothing so dangerous and pernicious
in its teachings, has, in our opinion
yet appeared from the lips or pen of
any man of National repute as that
letter.
1t argues, and tries to maintain
First-That Railroads are public
highways, like navigable rivers, turn
pixies, and belong to the State, and
not to the corporate or individual,
builders.
Second-That the corporate or in
dividual builders have no rights in
the road, but the simple franchise or
privilege of running the road for
such reasonable tolls or charges as
the State may allow it to charge.
Third-That where or whenever
this franchise is lost, surrendered or
forfeited by afflux of time or other
wise, the State may take charge of
the road and run it in such manner
as she may deem proper.
Fourth-That because the State
owns the Railroad she may lay such
burdens upon the builders as she may
deem just, which she could not do, if
she did not own the road.
Fifth-That the rate of toll or
charges. no matter how just or reas-
enable they may be, is not a subject
of bargain or contract between the
shipper and the corporation, but that
the State or National Governments
have the right nolens rolens to fix the
rate or price.
Sixth--That the National Legisla-
ture and Government has right to
take charge of, or by law to regulate
the tolls and charges of Railroads
under the pretence of regulating
Interstate Commerce"
These are the cardinal doctrinesl
and more prominent points OF that
notable letter. And right here permit
us to say, as a citizen and one Of the
sovereign people of this great and
growing country, that we dissent from
each and all of these propositions
and denounce them as pernicious and
dangerous to private rights, as gross
" unjust to Railroad builders and
Companies, and death blow to fur
ther enterprise in that direction, fol
who will invest his capital in such
enterprises when the doctrines of that
letter becomes the fixed policy or Law
of the land? Railroads will cease te
be built or run, and Railroad stocks
will at once sink below anything YET
known. Besides, in our opinion,it is
not necessary to adopt the theory
or law of that letter, in order to ac-
complish what the shipper or public
at large want, or need in the prem
ises; that is to say, law regulate
and establishing uniform and reas-
enable rate of tolls or charges on OF
by Railroads, SO as to prevent impo-
sition upon the public, pro bono pub
tico, and not because that the State
owns the roads. In eur judgment il
is neither law nor sound logic that
in order to enable the State, by law,
to regulate and fix the maximum OF
such tolls or charges, it must own
such roads. Prorend pu6lico, the
State fixes uniform rate of toll fol
all mills in the State, and the State
does not claim to own the mills. Fol
the same reason the State fixes a uni
form rate of tolls at ferries and or
turnpike roads, and she does not OWL