Iron County register., 1882-10-05
The Coming Conflict.


The Coming Conflict.
II.
Having seen that when the Consti
tuition gave to all railroad companies
the right to connect at the line of thu
State with railroads in other States il
made the railroad system of Missouri
part of the postal and interstate COM
mercial system of the United States
the control of which is vested in Con
eress and not in the State Legislature
it now becomes necessary to see how II
proposed to recover control OF the rail
roads in the State.
But first let us look for a moment al
the consequence of refusing to make
this connection. First, we must return
to the old-fashioned stage coach, OF
wagon, or horseback, or footbaek trans
portation for our correspondence.
There must be a portage at every
line of the State for passengers and
freight. Roads outside of the State
would have nothing to do with any
road in it, and would soon learn to run
around it. But this has been o5viated
by connecting in with the postal and
interstate commercial system of the
country, and in order to realize this
benefit the State made some cOnces-
sions to those systems, and the Consti-
tutional Convention shows at least q
willingness to so frame the Constitu-
ton as to retain these benefits and re-
cover the concessions.
It will be shown how this is sought
to be done and that all such efforts are
foreordained failures.
Having in Sec. 13 given away the
control of the railroads, an effort is
made in Sec. IA to recover it by author
lzing the Legislature to fix prices for
passengers and freight from time to
time. 1t has been shown already that
Congress has the power to regulate in
terstate commerce. This embraces the
whole power, and leaves no residuum
to be exercised by any State Legisla-
ture. But does the power assigned to
the Legislature exist in equity?
Railroads are constructed and oper-
ated to make money. The best politi-
cal economists deny the existence of
the right to limit the profits on capital
in one way more than another. All
the expenses of railroad, including
compensation for the use of capital, are
taxed on business and are paid by the
public.
Now, the Hon. Hayseed Granger. for
whose qualification that idea was in
troduced, would fail to see the proprie-
ty of the Legislature requiring him to
show, at cash figures, just how much
it cost him to produce bushel of grain,
and then compel him by law to sell his
grain at a certain percentage on that
cost. And the same law would regu-
late his trade in his horses, mules, cat
tie, hogs and sheep. The whole idea
is ininquitous, impracticable and Uto-
plan. The only result of such legisla-
ton is to drive investment i'm railroads
out of the State. But if the idea is
into law, railroad men will |
fix the rates, because as the power has |
no foundation in equity, 80 a Legisla-
ture of average judgment will be care
full in its exercise.
When the popular mind has been
detected by any sudden impulse from |
the line of right. ways will always be |
found in which to correct back, and 1t |
will be well if action and reaction are |
not equal and opposite. Ifaction comes
in Constitution Convention, reaction
will come in the Legislature. A Iegis-
lative committee always has power to
call for any persons and papers to ena-
bic it to arrive at the right in any case;
for the object of equity is that no wrong
shall be done. A legislative commit.
tee ON railroads, if wise, will call for in
from men and be governed
by the facts furnished.
But the great protection against rail-
road monopoly is supposed to be in
Sec. II, which has been given uer6atim.
A comparison of the language of the
section with the lists of the Directors
IF the various railroads in the State,
shows that the Constitution, and all
egislation that can arise under it, is
neatly flanked and turned; for it is i'm
possible to establish the identity of TIE
But if anything more was necessary
o complete the work Of outwitting the
Hon. Hayseed Granger, he furnishes it
himself in the last sentence of Sec. IL,
which reads as follows:
'sThe question whether railroads are par
llel or competing lines shall, when demand