Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1881-01-22
Judge Blacks Letter.
,pE1GHT DISCRIMINATION.
,-DCE BLACK ARRAIGNS TIE
| = GREAT TRUNK LINES

EREAl II IN iLAA'-
-. declares Legislative Interference
~ Necessary to Protect the Rights OF
,Ea People against the Extortions Of
Gigantic Corporations.
The Special Committee on Railroad
Transportation Of the New York Cham
ror Of Commerce addressed series of
onestions to prominent men in various
norts of the country in regard to the
,;ght of railroads to regulate prices, and
resp, cling other topics raised in conSld-
e,ine the subject of interstate com
merce. Judge Blacks answers VIII DC
read with much interest -
York. Pa, Nov. &c, lSSO.
committee on Railroad TRANSPORTATION vi
rho New York Chamber OF commerce:
I,,,>-rrr,trS You propose moVehlens
=, C1,.nr of some legal regulation WElch
i Ia :" 'oI,nrl railroad companies TO per-
~" 49,, ,Icir dutics TO the public or proper
,,,.Ins will answer your questions rs
T;.a,.tIv rs possible, but without obserV-
;.,., me order in which you put them.
In Ir.jre above all things to bejust. The
,'..,,1lv vested rights OF railway companies
M. other rights OfprOperty, are sacred,
All mo violation of them comes within the
scope oI your design.
Ant on this question railroad men mis-
understand their situation. They beileVc,
ar pretend to believe, that railways arc
tgr property of the companies authorized
- run them, which is cardinal error,
and the parent o! much false argument
\ public highway. \ public highway
cannot be private property, ana rail-
road Iaid cut and built by the authority
,ftny state for the purposes OF commerce
j. rs uuch public highway as turnpike
road. canal or navigable river. 1t Is the
Ig,y Of The state to promote intercourse
trade bv making highways OF the best
,.,~t through her territory. TO this end
.n. may take land and materials, which is
..u exercise OF the power Of eminent do
main. She can build It railway 1T her own
,\pcuSc. using the direct agency of her
own officers, and after it is built she can
make it
FREE To ALI CoMERS
nr reimburse the cost by special tax on in
Sine can dele gate the taking and taxing
covers to q corporation or natural per-
son. and that is what she always does
,.ttcr, She grants railroad charter. But
400 aifLar or any case the road belongs To
-.a State. and all the people have the
,f.,it ID use il upon compliance with the
.,,yss.av regulations and payment OF The
'roncy TX.
t., corrorations who have got into the
'3I,.t cr calling themselves the owners OF
lal railroads have no proprietary rlght,
lille 81. claim 10 the roads themselves, but
.r.rrv franchise annexed to and eAef-
.f-,al1a thereon. Thcr arc the agents
.. ,hr state for .hC performance of Il pub
l..lur,. Ii tie franchise he forfeited or
...-r,nIcrc,l, or il itcXpire by cillnN OF
time, the State takes possession al the
..ri a.I rGaS il herself or employs new
.ru-. The company cannot keep the
..ll4nv more than an outgoing collector
aka bort can appropriate 10 himself the
,t-toa!-hol,c where lie did his oihclW
,,.rh. III, State having need of public
highway at 4 particular place makes
contract with corporation to open ahu
at. :: ill condition To be used, anu by way
CT rciuhurSiu% the builders and operators
,.rguLaOIiLts tax upon those VINO traV-
Ills tax must be reasonable, just, uniform
prescribed ana fixed, so that every citizen
ru;.y know beforehand exactly how much
lie must pay, So that when he pays or
tenders Tie proper amount he will acquire
a4 absolute and perfect right 10 the use
ottha road The amount OF the tax, toll
g. freight in any case is
NOT A SUBJECT OF BARGAIN
between the shipper and the corporation,
but tHiug 20 DC settled, fixed and pre-
svribsd by public authority. Ii the com
yany may charge what it pleases then the
road is not a public highway; the public
has no rights in it at all, ant the charter
which authorizes the taking OF the land
20 build ii is unconstitutional aud void.
Iacse principles were stated by Judge
baldwin in BOnapIrte vs.. the Camden
Il Alhboy Railroad Company q Bald.
Rep. o. \ on will find Il more extend
cl discussion of them by the supreme
court Of Pennsylvania III Casey VS.. the
Erie and Northern Railroad Company q
Casey's Rep, 2S7.) | do not think they
are opposed to any high authority, but
40 doubt they have often been overlooked
i'm judicial decisions and forensic argu-
lnentS.
The railroads being public property, in
which all the people have equal rights,
and the companies that run them being
IuEiic agents, it is absurd 10 say that the
State has no right to regulate and control
them in the performance OF their iunc-
tions b. such laws as will prevent PARTIAL
itv, plumber and cXtOrtiOu. This Is a
power OF which no free State can disarm
itself by any act Of lis judicial, legislative
or executive effects. They could as law
tl;ily sell .nv S;2,c cut and out, and dC!iv-
er up the entire population TO sack and
pillagc. But are not the franchises prop
criv in which the company has vested
right lcs. The privilege of taking
certain fixed, prescribed, Uniform, reason
able rate OF toll from all persons alike ac-
cordiugly to the use they make of the
road is a power the SSte may bestow up
on any person, natural or artificial. But
no lawful franchise to take toll on pub
lie highway can exceed those limits.
charter that goes beyond this is void.
Those companies will oppose any effort
20 bring them down to L reasonable rate
with the argument that such reduction is
a VIOLATION OF THE CONTRACT
between them and the State. But on the
principle laid down by Judge Baldwin. in
the case above mentioned, a charter is in
operative which authorizes a maximum
ot toll or fare so high that the company
: able without exceeding it to exclude
the people from using their own road. In
the Granger eases from Iowa and WiScOu-
sin the bargain was that the companies
might fix their own rates. But the SUI
l,rcmc Court of the United States held
That subsequent law to retain them
within reasonable limits was no violation
Of the original contract. This principle
applies 10 company whose maximum
rate is unreasoHahly high because such
I; rate i practically the same thing as no
Ii,,,;t.ti,,, nt oil Tho aonolre;o, th,t oil