Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-28
FRnIsHr DETERMINATIONS.

The railroads were built by the people for
the benefit of themselves. In every county
through which railroad passes the people
taxed themselves for its construction. Gat
the roads are now operated in the interest OF
the spectators and to the injury OF those
who built them. 10 all parts of the United
States the people are protesting against the
ruinous and unjust Determinations. The
evil prevails here in Tennessee 10 such an
extent that the june Democratic convention
was induced to adopt the following resolu-
lion: -4i.t
Resolrsd. That we are unslterabiy opposed to
every species OF monopoly Destructive Of liberty
and the best interest Of the people, and to this
the object of which shall be to regulatethe tariffs
charged by the railroads of the State, to put
favor of through as against local freight ana that
we favor such system OF taxation as will force
us taxes Of the State according to the real value
of their property.
As an evidence OF the injurious effects OF
these Determinations, we give the following
extract from letter published in the Ledger
on Tuesday evening last:
If we had a freight agent that took as much in
terest in Memphis and her welfare as be does in
Nashville, New York, Cincinnati and Louisville
North Alabama this fall: out giving the above
named cities the advantage In freishts leaves
Memphis out Freights from New York to Hunts
vile are forty five cents, and from Memphis forty;
salt to Huntsville for s3s, aud the Nashville office
gives the purchaser a rebate of $40. Memphis
ships at s32 and her rebate, when she asks for it,
is very cold and unsatisfac Glory reply If the
Memphis merchants can't get better rates of
freight they would save money by taking these
freight thousand miles cheaper than they viii
100 miles is wrong and ougat not to be tolerated
when the cities of the South win dry up and New
York, Cincinnati and Chicago viii be known as
mass
The people in every part of the country
are claiming the right to regulate and to
prevent unjust discrimin ations The rail- |
roads do not understand the temper of the |
The struggling masses cannot be safely |
subjected to the cupidity of the monopolies |
that enrich themselves by unjust iiscrimina-
ions. The courts have already decided |
,g ainst these Determinations. The country |
= familiar with the ruling OF Judge Baxter
of the Sixth judicial circuit OF The United |
States, in relation 10 alleged freight discrimi-
lations in the shipment OF coal over one OF
he Pennsylvania company's lines from
Ohio, to Cleveland. The point
ecided was in an instruction to the jury TO
he effect that where railroad company ex-
Icted larger rate from a small shipper
han from large one, both shipping from
be same place and engaged in the same
BUSINESS, it was an unlawful discrimins-
ion for which the party injured could re-
over damages from the railroad company
rhe importance of this decision was recog-
lizsd at once all over the country, and
aused much comment. This ruling was
made in the midst of-a trial, but since then
motion for a new trial has been argued |
'efore the same judge and District Judge
Velker, of Northern Ohio, and a few days
ince an elaborate opinion was delivered
hitch is the mature and we'll considered
onclusion of the court upon most impor
ant question. The whole opinion is we'll
gorth publishing, but its length and our
pace will not permit it. The important
ARTS are as follows.
The discrimination complained of rested ex-
lusively on the amount OF freight supplied the
sspective shippers during the year. Ought dis |
resting exclusively on such basis to-
e sustained? II So, then the business of the
abroad officials for If one man engaged in inio-
lg coal. and dependent upon the same railroad |
'ansportanon thereof ut from twenty live to fifty
snts per top less than another, competing
lat he is able to furnish and does furnish the |
.r 1 quantity for shipment the small operator
ualed contest and surrender to his more opulent
val II the principle IS sound IN its application
lually applicable to merchants. manufacturers,
lillers dealers in lumber and grain and TO every {
in
,nsiderable amount of transportation by rail; |
1d It follows that the success of all such enter
rises would depend as much on the favor of rail-
lad officials upon the energies and capacities
the parties prosecuting the same
st the consequence The men who Control
ilroads would be quick to appreciate the power 1
ID IL may be, not slow to make the most of their
'portunities and perhaps tempted 70 favor their [
ic Il opponents or demand division Of Of he /
ofts realized from such collateral pursuits as | !,
against them or else, seeing the augmented c
'wer Of capital organize into overshadowing
IN, monopolze business and dictate the price of 4
al and every other commodity to consumers.
CHI right is claimed for railroads in this case
1t we think no such power exists in them; | n
everyone. and cannot be lawfully manipu- !"
ted for the advantage of any class at the "
traneous aid Is possesses inherent advan- 1 o
ses which cannot be taken from IT, But it | .,
ength, to demand the use of the public high .
,ys of the country, constructed for the common |
NETT OF al, on more favorable terms than are
corded to the humblest of the land; and a dis | =
limitation in favor of parties furnishing the =
,gest quantity of freight. and solely on that
onnd, is a discrimination in favor OF capital.
q is contrary to a sound public policy. v;olative
l. and wrong to he dsavored party for Which
E courts are competent to give redress. u
The case will now go to the Supreme Court IL
d a final decision made upon this i'm c.
rant question. Besides the importance OF o
: legal questions, this decision is calcu- t.
ed to increase the confidence of the peo- Y
, in our judicial tribunals, and to lead Il
I'm to look to the courts instead of legis- u
i've bodies, either State or national. for q
otection against the power of combined "
pital. g