The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-08

/ exam nation Of tbs charter OF every ROAD
/ ii gperatiDn within It's limits viii disclose
this faet Not on o. them. but what confers
/ Ii power 70 collect freignts aud fare IN gen
eraI phrase. or as the corporation may think
! ct or proper. or language Of like import. NOT
/ in . single one Of them Is the compensation
specifically fixed, or maximum established,
+ the Legislature restrained from future in
reference Indeed it is not Invested Of ali
doubt, had maximum been designated.
"It was within the power of the company 10
call u,0n the Legislature to fix permanently
this limit and make it part Of the charter !;
/ aud IT it was refused to abstain from building
the road aad establishing the contemplated
business
II that had been done, the contract
miqht ffhe italics are minel have presented a
| C lntract sgainst future legislative interior
ence" ckicago etc, r. r. Co. .. IOsCd. 81 U. 5.
| Rep, p. 16z.
! Il is oviaus that the court is ehary in lis
language here and withholds positive and
| clear committal 10 the idea Of vested right.
| And. indeed il is hard 10 make it stick, and
/ yet hold 10 the sweeping and emphatic language
| IN HUM .. Illinois. Still, let that be conceded
In Peak ., chicago r r. Co, "a U. S. Rep,
| the cempaHys charter authorizing it " to de-
maad and receive such sum or sums Of money
or the transportation of persons and property,
aud for storage Of property as q shaH deem
Reasonable.
I
| railroad companies for freight and fares.
| lnIess restrained by some contract in
| he charter, even though their income
nay have been pledged as security
or the payment OF obligations incurred upon
| ne faith of the charter. SO far this case Is
/ disposed Of BY these decisions abiding to
| Kunn o. Illinois and Chicago. burlington j
| Quincy Railroad Co., .. I0Wa, "a U. :. Rep
zee Psik o. Chicago, ETC., Railroad Company VI
| G. s Rep l76.
| No one viii certainly contend that the above
;harter gave the company the right TO think
| my charge reasonable and collect it. The
| oower was implied, had it not been expressed,
% collect reasonable tolls. so with every
| charter in this Safe. To collect such fare and
| ireights as the company may see ft or proper,
/ means reasonable sums. ANY other view is
absurd What is reasonable, these decisions
,ay is legislative question, as we'll as
| judicial one.
L. is urged that legislative regulation of
always wouli interfere with Interstate com
/ neree aud invade the powers of Congress. a
II affects freight and passengers transported
| peYOnd the limits of the State.
Incidentally. the law in its operation may
each beyond the State. and would still b.
raid. We may provide for those within our
| State, though it may indirectly affect those
| Without. Until Congress comes IN aud legis-
| lates on it. such State law in that respec'
/. constitutional Psik Chicago. ETC., X. r.
| Co 81 o. s. Rep.l77-S.
|
| 10 competition is possible. If he charges are
no great it is either pay or stay, or carry
| 'our products back home. Hence 1t is an i'm
| portant monopoly.
In Atinut o. Ia7hS, in Court of Kings
| Sench in 1910 warehousemen were al
| lowed the peculiar privilege of receiving
| vines from the importing vessels beior
any duty was p.id. They undertook TO !
| ieny the public The right TO regulate their
| charges.
| Judge Cooley SAYS: While taking the ben
! Fl. they practically asserted the prerogative
ol compelling the public to submit TO any
| ,narg"s they ight see ii to impose-a mon |
trous proposition, in view of the facF that
| he public had privilege OF dealing with |
Ithers."
| The State may summon its sovereign power
| its assistance whenever Ii is protective OF
| he pubic good. This police power OF the
| state is its immortal part, the very essence
md element of its life. In its range II IS ua-
| united, in its application as Infinite as tue
| tffairs of men may undergo.
| For the common good it prescribes to the
| :iTizen the profits he shall have upon the |
money he may lend, and says the dollar |
which he to led for shall yield no more than
| given amount of interest. Why2 Is it not
ais? Aud has it not been slave 10 thou |
snds2n True; but experience has taught |
that men NAV he everreached BIZ usauce sorely |
burdened. Hence the public policy is almost |
universally against it.
Tie State can prescribe the ferrgmen's |
ices the mIlier's toll the weight and price
Of a loaf of bread, aud the hackman's compen-
,ation. L. can even regulate the charges Of q
1otel; and has done it unquestiOned in our
lnr own common wealth. Art. T. p. 1875 Re-
vised Code 1851 So has Alabama.
Judge Cooley says; If means are employed
which public policy cannot sanction, it is com
petent and proper for the State interfere
That the power exists to regulate railway
charges by legislative enactment, there eau
De no doubt under the qualifications which
nave indicated, Not one railroad company in
hundred can find shelter under those t.
Strictions Thus, in Stone y. Wisconsin, 81 U.
j.. Justice Field, in his dissenting opinion,
aid the railroads, under the DECISIONS in the
Granger cases. are virtually amen9ble to
Ihlimited legislative control in every State.
Now, to the policy OF such a measure
When those cases were decided in lo46 it was
feared that railroad enterprise would Ian
ynsh, and that capital would not seek invest
ments in that great industry. The contrary
mas proved true.
Under the operation of State supervision in
Georgia, her railroad interests have increasea S
and flourished. In point of material develop
ment and great progressive enterprises that '
State has left all the o. her Southern States in .
the rear. In other States railroads have
prosp red under similar conditions. These
are facts that cannot be denied, nor argued
away.
Yet the subject is fraught with some doubt
By many it is seriously believed that such q
would destroy the hope of another '
mile of railroad in CUR State. If it would :
arrest investments of that kind permanently, :
the policy is unwise for every thing should be !
lone 10 foster railroad enterprises in our !
State. consistent with the common veal.
At present the necessity of such legislation 3
is not so imperative as few years back. OF d
ate days the railroads have greatly reduced
fare for passengers and to some extent on
'reights. But some localities unfair
charges are still made. Aud in this is found
To- lie for all
want of uniformity in tarifs. 0ae road will :.
charge more for carrying bale OF cotton or v
than another will for the same dis r
ance. a
This is unjust and needs some power to "
.qualiza it. The inequitable charges made I
n local freights and in favor of competing =
POINTS, are so familiar to every mind that il is /
die to consume space in reciting them.
Abroad ~here colossal railway systems pre- "
rail, Determinations, secret rebates Ia charges 81
md similar acts and devices, have wrecked n
Individual fortunes, crushed industries and
'uilt up and destroyed al pleasure By rail-
'oad combinations immense m0nopUlies in :,
ome SPECIAL product or industry is fastered Y
md fattened while every rival perishes.
Immense gains ofone city over others in ex- a,
,ort trade have also been thus brought about =
Secret contracts with Shippers. of great =
wealth have crushed out the weaker and less L
sp Notwithstanding compegi ion and TO that pt
xtent expressing the consumer. tr
All these things have been unmasked by iu- [,
estigation and are FAM liar to the public mind n,
That there is an appeal TO some hi CHER power -
OF redress OF these grievances, is not to be -
rendered at. ~
Whenever the people feel oppression, they m
rill revolt against it; aud it is no tr
nsyer to say that those who do il havessvest-
d ghts' aud are shielded by contract
Justice requir 8 is to be said that often those
olios al railway corporations combined aud "
iscrminsted for 5 representation in their OF
'ars with enc smother. At competing A
oints they would carry freight DC
r almost nothing, but woe to those +,
q the interior along their respective 4.
nesl Tbey had to make good these ru- -
nous losses. The evil is not denied. Whaf
the remedy Perhaps nothing complete and n,
erfect except the ownership OF every raii-
Tay by the Federal Government, owned BIZ
ne people, and run only in IheIr interest. Ia "a
aspect TO State control of railways the legis- r.
laion should give she railroad every safe =
uard it grants to the citizen. Both should II,
e epcouraged 70 view each other with the II
-iendliest eye. Let the measure, while ii pc
lrows every protection around the oitizen, pit
lso cherish that indispensable element OF eli
tats and national life, and preserve it from
rejudiee, oppression, or caprice, else the
sinedy would be q greater shame than the
I'll. Men deeply interested in railroads 60
eel sincere and painful apprehension
lat our Legislature is hostile to that l..
lterest and will If they can, take charge Of =.