Savannah morning news. [volume] (Savannah) 1868-1887, 1881-05-05
THE COMMISSION AGAIN.
Is Not the Present Law UneOnsti-
tutIonaI I'm Spirit9 - A Railroad
Charter a Contract Between the
state and the Road.


Editor Morning Nescs I have read with
interest the ingenious and able arguments
in your columns, and in those Of other
Georgia papers, discussing the Railroad
Commission, pro Ct con-, and, so far as ! have
been able thus to study the question, resolve
# as belonging to the class Of rights and
injuries governed by the general law of con-
tracts.
The construction Of railroads is encour-
aged by the State government as one Of the
most efficient methods for developing the
resources of the State, and thereby increas-
ing its wealth, prosperity, influence and
power. Unable to advance the money to
build these desirable structures, the State
invites individuals to combine and advance
their capital for the purpose, offering reason
able inducements for them to do so. Both
parties are to benefit by the enterprise-the
builders Of the road in pecuniary manner;
the State in its growth, increased sources
for taxation and corporate power. And it
is apparent that If the enterprise be well
founded, the State, 10 its national character,
will be immeasurably the gamer by its sue
cess. To secure both parties, and surely the
ture, the State, In view of its right of eminent
domain, grants to the corporators charter,
or written contract to that end, in which the
powers OF the company in the aggregate,
and the rights of the stockholders In the
regregate, are recited. This contract carries
with it not only the terms expressed, but
every reasonable inference from them neces-
sary for their complete execution.
But it may be here asked, is not this grant
ing monopoly which msy be injurious to
the interests of the State and OF its citizens
generally' 1t is unquestionably Great
ing a monopoly; but whether iDjuri-
Gus or not to the general welfare will
depend upon the reasonable Interpretation
of the courts. Aud If it should be found
that the text of the charter Is not within its
spirit, the State has, in its eminent domain,
the right to so legislate to protect its people
from harm-tbe general welfare being the
paramount right-as to confne the opera
lions of the text within the reasonable in
tentions contemplated by the charter; and
because as the agent OF the people the Lee
gislature cannot exceed it's powers derived
from them, and to their injury.
1t is on the same principle that the system
of usury laws is based to protect the com
munity against exorbitanU charges OF in
terest for money borrowed. Moses laid
down this law for his people more than
three thousand years ago, as we have 1t in
Deuteronomy xiii. chapter and 19sh verse:
Thou shalt not lend TO thy brother to
usury." That is to the oppression OF thy
brother by eXacting an excessive premium.
When, therefore, by parity of reasoning,
1t becomes necessary to protect the public
against excessive charges for freight and
passage by railroads, the Legislature has
the right to intervene for the general
welfare by passing laws restricting the rates
of freight within reasonable limits, protect
ing both stockholders and the public in
their respective interests, and this by a
general law. To create commission with
absolute powers to regulate the rates of
freight and passage is to delegate to such
body power to do what the State itself
cannot do by the constitution, to wit, Gin
pair the obligations Of a con-
tract,n and therefore pro tdntO, such
grant, we hold, is invalid ab initiO.
In the State of New York, IL correctly
advised, the Railroad Commission stands in
between the roads and the people, and can
not begin to act until the gross receipts Of a
road exceed 10 per cent. on its stock, which
generally gives, after expenses are paid,
about per cent. to the dividend fund. The
Commission also sits as Board Of Arbitra-
ton in disputes between the roads and the
freights and passengers, constituting
salutary court for the main
tenance Of vested rights and
the protection of the puolic. Such a
board is wise provision by the State. But
to authorize Commission, as we have done
in Georgia, is TO establish a precedent for
the unconstitutional and unjust control of
every enterprise that may be projected in
the State; and which, in the management of
corrupt men, may fill the pockets Of rogues
at the expense of every vital interest in
Georgia.
1t isno argument that "good men are now
in, Office and will be succeeded by men
equally as good, and that there is no dan
ger of ruin" History teaches the reverse,
and the fallscy of the appeal, and common
sense says, clock the stable door 6JGre the
horse is stolen" This will be our safety
AS Democrats, our battle-cry is, "Princi-
pies, not Men," .The Republicans, on the
contrary, shout, "Men, not Principles. "
Has 1t not been 50 for the past twenty
years. AS a Democratic State then,
let US 10 all things illustrate our motto,
and with the assurance OF "fast bind, safe
find,o we shall rest more securely In the
constitutional protection OF the State.
DEMOCRAT OF THE OLD SCHOOL.