Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1882-08-24

Remarks Of Hon. ,. D. Norton, In the
Ohio Senate, Thursday, April
9Th. 1859.


9Th. 1859.
Mr.. Norton said:
colleague. great respect for mis- ability
and consideration for the opinions and
wishes OF the constituents who concur
with him. predisposes me with favor to
this bill; yet other and more powerful
reasons require opposition TO it.
The great interests involved IN the sub
ject matter OF the bill have drawn gener-
al attention throughout and beyond the
State, and have brought to its discussion
here the best forensic ability OF this body.
Into this arena Of debate / desire not to
enter; tits unsuited to my capacity and
habits. Yet upon an occasion like this
IL seems at that q Senator (without at
tempt at speech or argument) should in.
dictate some Of the reasons which control
bis action.
The manifold provisions of the bill,
with the complicated machinery which
would be born of it, without considera-
ton or discussion Of details. indicate to
me most dangerous vice in its princi-
pie. This principle transcends the Just
limits of legislative power by unwise and
unwarranted restraints upon the freedom
OF business. Business activity, enterprise
the resulting general prosperity which
cannot come without these, are the ends
of all wisely exercised Legislative fanc-
tions applied to business affairs. Free
dom, liberty, is the center of all activity
in business. as In everything else. The
scope of this bill embraces the most i'm
portant and extensive business OF the
State. Improper restriction upon liberty
in this business, which is its life and ac-
tivity, can only bear mischievous and
disastrous fruits.
Corporate franchises exercise their
functions in every department of busi-
ness. Even our friends, the Grangers,
believe, have their chartered organiza-
tions, and my esteemed friend and dis
tinguished colleague is. in some modest
sense, the Jay Gould" or Vanderbilt,
Of these aggregated organizations in
Ohio. would not impair their corporate
franchises, or by restrictive legislation
strike single gem from the royal dia-
dem of the worthy Grand Master.
II is said that railroad corporations
have an exceptional and extraordinary
franchise in the right to appropriate pri-
vate property for their right of way,
ETC., and this grant to them is made the
basis for claim of unlimited legislative
power Has it ever been known that a
railroad exercised this right without
double compensation to the citizen? One
might think that they had made ample
settlement with the public for the exer-
else of this extraordinary franchise, and
might expect immunity from further
claim in respect thereof. Ii this is 40,
then why shall the business of railroad
corporations be subjected to espionage
and restrictions which no one would
think Of applying to Others? Shall we
90 into the establishments of corpora
tions engaged in manufacturing and die
tate to them the management OF their
business? Corporations are only mode
BY which an aggregated individuality is
created. IL we may deal thus with this
larger individual, why not with each
smaller one? Evil and wrong are found
in every line of life here below, and ex-
tortions are practiced in every business.
With all our power as part of the Gem
eral Assembly of the State, we have no
commission, either from the Constitution
or from the infinite source of all power
above TO annihiIate- all that is wrong.
The infinite power above, guided by in
finite wisdom, does not do this. It will
be more modest for US to heed this exam
pie. Is not the evil of our times, in many
ways, found more in the ercess than in
the scGst OF legislation? Ii q great and
manifest wrong in railroad administra-
tion or other. business, can be effectualiy
suppressed by legislation. and without
the certainty OF much greater evils as
the result OF legislative interference, I
shall be most willing to concur.
/ Sir, ! am opposed to the principle Of
the bill, and hope have said enough to
make some of the grounds Of that oppo-
sition appear.