Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1882-03-25

81 GUHStlutu : Is IL IbN IN HttItt
and POSITIVE that the Legislature
shall establish reasonable morjmum
rates &c. The idea never suggests
itself To any one that the Legislature
intended to spend its time, in fXing
a schedule of
RATES FOR THE DIFFERENT RAIL
ROADS.
This provision requires nothing of
the kind. Its language is guarded
and PARTICULAR, maximum rates
Could there be any difficulty in the
Legislature doing this Was it not
done in chapter 227. acts Of 1872 and
70, and was not Il construction put
| upon this very section at that time
! similar to the one now given to it 10y
him T? This Z having been devolved
upon the legislature, it could not
! delegate it as was proposed in the
bill. He referred to Cooley on con-
stitutional limitation. If the legis.
lature was required To regulate
| freight and passenger tariffs then he
could see very well how il would he
| almost impossible for it to do other
wise than either appoint commits
sioner, or do it through some other
agency. The bill does not direct
| the commissioners to make maxi
mum rates, which would be general
and apply to all, but they could make
different schedule of rates for the
different roads. In other words they
could allow some companies to
charge three cents per mile for pas
sengers, Others two and others four
cents and the same would apply TO
freight. 1t was d command tOsthe
legislature to pass a general law APP
plicable to all alike, establishing rea-
sOnable maximum rates of charges
for the transportation of passengers
and freights. 1t will bear no other
construction. He claimed that the
most important provisions in the
bill were in violation of section OF
the Constitution in this.
First-That it proposes to give to
Commissioners power, which I'M
der the Constitution the Legis-
lature was bound to exercise it
self.
Second--That. it authorized diff
ferent rates for different roads, when
the Constitution directed the Iegis-
lature to fix the maximum rates.
Third-That it violates that pro-
vision which contemplates one gen
eral law as applicable to all rail- DAD
corporatiOnt.
The next objection he urged was
that it authorized an assessment to
be made upon the different railroad
corporations in proportion to its
earnings to pay one half OF the Sala-
ries of the COmmisS oners and Clerk.
He had never heard of paying Off
GERS in that way, and if that was he
Georgia law, he was curious to know
if the railroad property was taxed
there as herein addition to which
it was proposed by bill now pend
ing to tax franchises as well as the
property. Ii this was done you
thus impose heavier burdens upon
railroad corporations than the own
ers of any other property, which
would not be calculated to encOur-
age capitalists OF other States
TO INVEST THEIR MONEY HERE.
Another objection was to that pro
vision which required railroad com
panies to transport the Commission
erS and clerks on all the railroads in
the State free of charge What au-
thority have we to do this 3? If it
could be made to apply in cases of
railroad Commissioners, why not
with members of the Legislature,
Judge, etc ? If we had the right to
do it in one case, why not in any ?
Where does the right begin and
where end Is this the case in
Georgia ? If so, no doubt we will
be fully informed upon the subject,
and why and how l. is so I?
Another feature in the bill that
he thought was little strange WAS
that which authorizes an action
to be- brought and recovery to be
had in the county where any wrong
or injury on any person was inflicted
| by railroad company. Suppose it
| is "A foreign corporation, how is the
recovery to be had if they remove
the case to the Federal Court, and
that is in different county? If it
is not intended to apply to such Cases
it means nothing. Federal jurisdic
tion could not be ousted. | do not
mean to say that the recovery could
not he had in the Federal Court, but
then the plaintiff would be COMPEL
ed to go there.
Another extraordinary provision
| is that which authorizes the Com
missioners to investigate the books
and papers OF all railroad companies
This cannot mean but one thing and
that-these Commissioners have
right to see any and all papers, other
wise it amounts to nothing. 1t
matters not how important it may
be- TO the Company that the contents
of paper should be kept secret, yet
how would the Commissioners know
that it had not some connection with
the rules and regulations, unless
they See the contents. and if a CNm-