Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1882-03-25
RAILROADS.
SPEECH OF SEAATnR FAULKNER
ON THE RAILROAD c0MMlS-
SION BILL.
A eaT.EOgicaI and Ancisive
A. gumens-The Proposed
Pill ia UF constitutional
How il WOOtd Affect the
Railroads and Our state.
Wheeling r gi ter

bill to provide for the regulation Of
railroad freight and passenger tariff
in this State, familiarly known as
the Dawson bill" Senator Faux
ner deliv. red an able and eXhaus-
speech in opposition tothe measures.
He devoted himself exclusively TO
the constitutionality of the bill,
maintaining with great cleaTness
and cogency of argument, that its
main features were clearly within
the inhibitions of the State consti-
tuition, in that it proposes to vest
the Commissioners with power
which could not be delegated; that
it authorizes different rates for diff
ferent roads, and that it was special
legislation. While he did not dis
cuss the merits of the bill, except in
cidently, be insisted that no railroad
could do business under its provis-
ions. We regret we have not space
to print the Senator's remarks in
full, but below will be found ex-
celpts, which will give the reader
fair idea of the arguments.
In commencing he referred to the
importance of the subject, and how
careful we should be in our legisla-
ton. All, no doubt had the same
object in view, but we differ as to
the best mode to accomplish what
was desired. AT every session since
he had been a member of the legisla.
ture the subject had been agitattd
and nothing done yet. That the
legislature had the right to fix rates
was not question he proposed dis
cussing; nor the right to appoint
commissioners. The proposition be.
fore the Senate was plain and sim
Pile, and he regretted that the Sena-
tor from Preston, in making his able
and excellent speech some days ago
had not presented his views more
fully upon the merits of this partic-
ular bill He endorsed much that
was contained in his speech, but he
felt now in our action that we shall be
governed and influenced not by what
may have beer done in England or
in Georgia, or other States OF this
Union, but what we had right to
do and could do without violating
the spirit and language of our own
constitution.
IN ENGLAND
the 'omnipotence' of Parliament was
we'll understood, and there was no
limitation upon it's power. This was
made very plain in the time or Hen
ry VIII and William Ill. In our
country how different ? The pow
ers not delegated to the United
States by the Constitution nor pro-
hibited by it to the States, ARE reserv-
ed to the States respectively or to
the people. and thus unless prevent
ed by State constitution the limi
tation upon the power of the LegiS
lature to make laws could scarcely
be defined. a provision in the Con.
stitution requiring the Legislature
to do particular thing was dis
tinct declaration of the people thrO'
that instrument that it was TO be
done in that way and no other. The
Legislature may have had control
over it, had it not been Incorporated
in the Constitution, but this makes
it equivalent to a command as to
how and in what way it shall be
done. The Constitution of this
State, Article II, Section 8, is as fol
lows:
s.Do;Irood. boratofora ooDctruotad
or that may hereafter be constructed
in this State, are hereby declared to
be public highways, and shall be.
free to all persons for the transpor-
tation of their persons and property
thereof, under such regulations as
shall be prescribed by the law;
and the Legislature shall, from time
to time pass laws applicable to all
railroad corporations in the State ,eS
tablishing reasonable minimum rates
of charges for the Transportation of
passengers and freights, and prOvid-
ing for the correction of abuses, the
prevention of unjust Determinations
between through and local or way
freight and passenger tariffs, and
for the protection of the just rights
OF the public, and shall enforce such
laws by adequate penalties"
Where this provision came from
he was not prepared to say nor was it
material. The language was not am
bigu0us. 1t declars railroads to be-
public highways and to be free to all
persons for the transportation of
their persons, and under such regu-
lations, &c This part of the sec
ton needs no construction, and the
balance of it was equally as plain to
his mind, but here is where he was
compelled to take issues upon the
constitutionality Of the most impor-
tant provisions in the bill. 1t pro-
vides that three commissioners shall
be appointed to fix a schedule of
rates for railroads, declare their