Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-03-13
RAILROADS.
Speech of Senator Faulkner on the
Railroad Commission Bill.
a Gear, Logical and Incisive Argument
The Proposed Bill Unconstitutional
How II Would Affect the Rail-
ID roads and Our State.
the QUESTION ABLY DISCUSSED.

On saturday afternoon. while the Senate
had under consideration the bill to provide
for the regulation of railroad freight and
passenger tariff in this State, familiarly
known as the Dawson bill," Senator
Faulkner delivered an able and exhaustive
speech in opposition to the measure. He
devoted himself exclusively to the consti-
tutionalivy OF the bill, maintaining with
great clearness and cogency OF argument,
that its main features were clearly within
the inhibitions OF the State constitution,
| in that ii proposed to vest the Commission
ers with power which could not be dele.
| gated; that it authorized different rates for
different roads, and that it was special leg
| islstie1, While he did not discuss the
merits OF the bill, except Incidentally, he
insisted that no railroad could do business
under its provisions. We regret we have
not space to print the Senators remarks
in full, but below will be found excerpts
from our stenographic report, which will
give the reader fair idea OF the argument
In commencing he referred to the
Importance of the subject. and how
careful one should be in our
legislation. All, no doubt, had the
same object in view, but we differed as to
the best mode to accomplish what was de-
sired. At every session since he had been
a member OF the legislature the subject
had been agitated and nothing done yet.
That the Legislature had the right to fix
maximum rates was not aquestiOn that
he proposed discussing: or the right to ap-
point commissioners. The proposition be-
fore the Senate was plain, and simple, and
he regretted that the Senator from Preston
in making his able and excellent speech
some days ago had not presented his views
more fully upon the merits of this partiCu
lar bilk He endorsed much that was con-
tanned i'll his speech, but.he felt now in our
action that we should be governed and in
tiuenCed not by what may have been 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 COustitu-
tion.
In England
the omnpotcnce of Parliament
Was wei unuerStOOu, anu tneTe
was no Limitation. upon. its power.
This was made very plain in the time OF
Henry Nil, and William Ill. In ourcoun-
try how different? The powers, not dele
gated to the United States by the Constitu-
ton nor prohibited by it to the States, are
reserved to the States respectively or to the
people, and thus unless prevented by
State constitution the Limitation upon the
power OF the Legislature 10 make laws
-, L., -.
in the Constitution requiring the Legisla-
ture to do particular thing was a distinct
declaration of the people through that in
strument that il was 10 be done in that way
and no other. The Legislature may have
hal control over it, bad. it not been incor-
porated in the Constitution. but this makes
it equivalent to a command as t0.how and
in what way it shall he done. The COnsti-
tuition OF this State. Article II, Section 9, is
aS follows:
Railroads heretofore constructed, or that
may hereafter be constructed in this State,
are hereby declared public hIghw ayssand
shall be free to all persons for the trans
portation OF their persons and property
thereon. under suCh regulations as shall be
prescribed by law; and the Legislature
shall, from time to time. pass laws appli-
cable TO all railroad corporations in the
State, establishing reasonable maximum
rates of charges, for the transportation OF
passengers and eights, and providing for
the correction Of abuses, the prevention OF
unjust determinations between through
and local or way frcighe and passenger
tariffs, and for the protection of the Just
rights OF thepuhlic, 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 ambiguous. 1t de-
clares railroads to be public highways
and to be free TO all persons tor the trans
portation OF their persons, a'd under such
regulations, &c. This part II the section
needs no construction and tle balance of it
was eq aally as plain to his mind, but here
| is where he was compelled to take issue
upon the cOnstitutionality Of the most
important provisions in the bill
1t provides that three commissioners
shall be appointed. to fix a schedule OF rates
| for railroads, declare their "atcs just and
reasonable allows no appeal from the act
| OF the Commissioners and imposes heavy
penalty for violation of these rules and
regulations Was this contemplated under
! the latter part of section nine? Can the
language itself be so construed? Is it not
| explicit and positive that the Legislature
shall establish reasonable nidriaum rates, &C.,
| The idea never suggested itself to any one
|
| time in fixing a schedule OF
Rates For the Different Railroads.
This provision requires nothing OF the
kind. Its language is guarded
and particular, mdJlmum rates could
there be any difficulty in the legisla.
ture doing this? Was it not done in chapter
227. acts Of 1872 and I3, and was not con-
struction put upon this very section at
that time similar to the one now given to
il by him? This having been deyOlved up
on The legislature, it could not delegate 1t
as was prepared in the bill. He referred
him to CrOwleySon constitutional llmlta.
tions. If The legislature was required
to regulate freight and passenger tariff
then he could see very well how
would he almost and unimpossible for it TO
do otherwise than either to appoint com
missioner, or do it through some other
agency. The bill does not direct the
commissioners to make maximum rates,
which would be general and apply to all
but they could make adltferent schedule oi
rates for the different roads. In other
words they could allow some company 70
charge three cents per mile tor passengers
others ten and others again four cents ana
the same would apply to freight Is this
what the the section means when 1t use;
the language pass laws applicable 70 All
railroad corporations in the State Nel
at all. 1t was command
to the Legislature to pass general law aP
plicable TO all alike. establishing reasonable
inayimar rates Of charges for the transpor
tation of passengers and freights. 1t viii
bear no other construction. He claimed
that the most important provisions IN th'
hill we're in violation Of section OF th'
| Constitution in this.
First-That it proposed to give to Com
missioners a power which under the Con
stitution, the Legislature was bound to ex
ercise itself.
Secondly-That it authorized differen
rates for different roads, when the COnsti
tuition directed the Legislature to fix tn
maximum rate.
Thirdly-That it violates that provision
which contemplates one ger eral law as ap
plicable to all railroad corp rations.
The next objection he ure d was that
authorized an assessment to be made upo'
the different railroad corporations in pre-
portion to its earnings TO pay one-halt Q
the salaries Of the Commissioner and Clers
He had never heard of paving officers j
that way. and If that was the Georgia Ia"