The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-07-28
VOLUME Xiv.
THE RAILROAD QUESTION.

lEksDdEk q A1efl01dH RAILROAD.
The subject presented is but the fraction
| OF a whole, and, in order TO understand il
thoroughly, is necessary to review brieA,
the original question, and the various ant
conflicting issues to which it gives rise.
To the most casual observer it must aIy
pear that State AID National monopolies
when measured by the influence, both di
rect and indirect, they exert on every
branch of commerce, and every species oil
industry are, and must ever be until rehl-
edy is found, the great and oyershadowina
issue before the people of the country
Show me one that rivals it in dignity ami
Importance. 1t congeals the great arteries
OF trade and commerce, and sacrifices the
interest Of the many to that of the favored
few. Monopoly IS fierce and, | was about
10 say, ungovernable tyrant. He, already,
has crushed 10 earth one-third of the States
of this Union. and slowly but surely is forg-
ing the claims that will bind the whole
country subjective to his despotic will. In
the language of an eloquent divine, che die
tates what laws shall be adopted aud what
shall be hndered He stands in the rail-
road depOts and puts into his pockets each
year two hundred millions of the people ;
money beyond reasonable charges for ser
vices rendered. He holds the steam of the
locomotive in one hand, and the electricity
Of swift communication in the other He
puts his hand upon every bushel of wheat
and every sack of salt, and every ton of coal,
and not a man, woman or child in America
to-day but feels the touch of his despotsm -
This viii not appear extravagant when tell
you that last year an oil refinery on Long
Island was granted rebates on freights TO
the amount of ten millions of dollars, to the
ruin and destruction of seventy-nine other
firms; or again, when you are informed that
last fall the railroad companies agreed
among themselves to raise the freight on
corn five cents per hundred weight, which
is equal, it is thought, to an annual export
tax of perhaps seventy-five millions of dol
lars-thus, justifying that article in the
creed OF the Autobiography League, charging
them with barring their tariff, not upon
cost and risk of services" but instead, upon
the new theory promugat by them,
what will the traffic bear Notwthstand
ing all this, however, we do not wish to an
tagponize the railroad interest in this State.
When restrained to proper exercise of the
power conferred on them by charter, they
become, as expressed by your correspondent
in a few issues since, powerful factors in
the development of the material interests of
a country" They have a grander destiny.
Speeding across the mountains and unit
ing the East with the West with bands of
steel, they bring the hearts and sympathies
thus make possible for the whole territory
of the United States ii form of government,
which, it is no eXageratlontto say, could not
without them exist We do not propose to
take from the railroad companies one single
right, privilege or franchise legally vested
in them, OF to which they are justly EN-
titled but if there are Fights arbitrarily
assumed, or power fundamentally exercised
by them, we seek through lawful channels
. hat Il f. t.Fki ob haV
pealed to them in vain. In appealing to
the Legislature we must be prepared to es-
tablish that they have the right to supervise
these corporations, that there exists ne
cessity for the exercise Of that right,
and last that it is expendient that this
right should be exercised, or taken mega
lively, that II l. not inexpedent. These
propositions being demonstrated, 1T then
becomes the duty of the Legislature tc grant
relief
That railroad corporations may be con-
just charges, and compelled to act justly
in other respects TOWARDS the public, we
conceive there can scarcely be doubt
This we deduce from several consideras
tions. Railroads are public property.
One, laid out by authority OF the State for
the purpose IF commerce, by whomsoever
constructed, can nc more be private proper
" tndn luruplkSi Cahdi % ktl}ci liSH" ~
Speaking of the habit of corporations
calling themselves the owners of the rail
roads, an eminent iurist says they have no
proprietary right, claim or title to the roads
themselves, but u mere franchise annexed
To and exercisabie thereon. When the
charter is forfeited, or eXpiFes By limitation,
the road reverts to the State SHE takes
possession and runs it herself, or employs
as agsat. Then, the roads being pubic
property, sit follows as night, the day,
that each member of the cQmmuhlty mas an
equal interest i'll it and hence alsetiRlllna
ton, as one against the other, Is unlawful.
Again, this principle being true, exorbitant
and unreasonable charges though uniform
are illegal for they would practically eN-
clude Il large portion OF the people from the
enjoyment of the benefits railroads are IN
tended to confer. 1t is true the railroad
companies ~ this State have the right
conferred on them ~ their charters OF
fixing their own rates, and the eGuTts having
DECIDED that such charters ARE contracts
within the meaning of the Constitution OF
the United states, the obligation oil whlch
cannot be impaired by legislative enact
.ment." iu is maintained. that 70 whatever
extent they may abuse the privileges CON
ferred by these charters, we have no means
of redress all business is at their mercy !
agriculture, commerce and manulactoIles
must suffer what they choose to inlet. Are
sucs1 charters constitutional? Can state
permaaeatty Giyest herself of sovereignty
Judge Black maintains tat she cannot, ana
cites. in support of this view, lst EalqNln
II. 252; ID Casey, D. 28T. Chief Justice
fancy holds that no Legislature can, by its
own act, disarm their successors OF any OF
the powers or rights of sovereignty conhded
bv It's people to the Legislature, unless
authorized By tie Constitution under which
they are enacted fudge Cooley in his
Com. Linn. says, ''it would seem 70 &c the
psayailing opinion, and one founded on
sound reason that the State could not barter,
or in any manpey GSridge or weaken any OF
those essential powers yhich are Inherent
that end being without Authority could not
be enforced under the provisions OF the
natiocal Constitution now under cohsidera-
ton"
The advocates of the unlimited power OF
/ these corporations refer to another passage
/ ia the same work-sa grant or franchise can
/ no more be resumed by the Legislature Oh
4 its benefits impaired, without the consent oil
the grantees, than any other grant of prop
erty or valuable thing. unless the Tight 70
do 20 is reserved in the charter itself" 4he
learned Judge assumes the constitutionailty
If the law granting the charter, and only
! INTENDED to say in effect, that except where
mower Is reserved in the charter itself has
/ The Legislature the absolute right, indie
nendeut Of the courts, to prescribe rates o.
to.sT Where this privilege is not reserved
+; in the charters, the Legislature can sui
n ~ : law regulating charges, subject, how.
aver. to its being sustained or not oy tns
conrts. In the former case that Dody eouio
49, sncb regulations without challenge
r nav be ASKED Yhy not appeal Directly q
~. nc. conrts instead of the Legislature foi
. III wby. when these corporations aouse
Isi'e, Ssw;v;lsces and powers conferred o
e eSsrter. NOT seek that means Of redress
ca E.5sd ;n other eases Because, such means
asO naJrass are not adapted 70 the circum
o. 1870 ~ the case. and would A1s insure
1s,,arsI nroteefion we feel to be neeqfut
Lts+ a:tSssn could i'll afford to leave his oust
= - sss md maintain suit at isE Ynsn .ns
s.s,yy complained OF Is altogether ~.