Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-20
SUCCESS OF RAILROAD CONN MIS-
RIONS.

Since outrage by railroads upon the con-
venience, the rights, the interests and the
welfare of the people provoked the appoint
ment ssof State railway commissions, those
bodies have been persistently denounced by
the railways. There could not be stronger
testimony 10 their practical value and utility
than such opposition. Had the commissions
betrayed the peoples interests and permitted
the railway abuses full course, or had they
been indifferent and inattentive to their
duties, the roads that now assail them would
have had nothing to urge against them ex-
cept, perhaps, their uselessness. 1t has been
industriously spread abroad that the creation
of a State organization with power to regu-
late rates and fares would cripple every
railroad subjected 10 its operations, and
more than that it would hinder the building
Of other roads, for companies would not
raise capital for It 10 be subjected to the
oversight and interference of outside parties,
SO that capital would be driven to find other
Investments than railroads. In spite of all
this clamor OF assertions without proof, State
commissions were formed and they set dill
gently to work. They have proved TO
be means OF checking extortion and
determinations, and have compelled roads
TO act justly where, without the check they
interposed, shameful impositions upon the
public would have been practiced. All the
representations made against the establish
ment of railway commissions have proved to
be unfounded and of no weight. Probably
the most active, energetic and effective State
commissions in existence is that of Georgia,
a State tnat h~s znsrienced immense benefit
from its institution. A very powerful COM
bination was monopolizing the various rail-
roads of Georgia, and was twisting itself like
an anaconda around the States commerce.
when the formation of the State commission
changed the whole aspect OF things, pre-
vented collisions by which the public was to
suffer being carried out between the various
roads, and compelled open dealing clear of
the trickery unopposed secrecy SO readily
fosters. The broad result is, says the
Atlanta Constitution, that since the railway
commission has been established "the
railways of the State have never
been more prosperous, the returns to
stockholders have never been more
There has never been
day in the history of Georgia when go much
foreign capital was invested in railroad en-
period of more rapid and substantial rail-
road development" That a commission
producing such practical results, and stand
ing as shield between the people and those
who are generally ready to victimize it, can
Iully perform its duties without arousipg
opposition on the part of those whose ten
iency toward nefarious proceedings the com.
mission SO vigorously holds in check is i'm
possible, and consequently the Georgia rail
road has been invoking the interference OF
The courts, so as to place barrier against
The exercise OF the power conferred upon the
The courts decision, rendered
by Judge Simmons, is one that is important
Tor the public to know, and especia lily so in
his State of Tennessee as il is intended,
when the Legislature meets again, to have
Tennessee State Railroad Commission legis-
ated into existence for the advantage of our
and for the welfare of the public.
The court decided first, that "a railroad
partakes of the nature of public highway,
and cannot be classed as private property
he managers and owners thereof being the
of the State to the extent OF the
privileges granted. Second,
hat if the people do not contribute money
coward the construction of a railroad corpora
ion, they contribute the privileges enumer-
ated in the corporation charters, which are
Of vastly more importance than money.
When railroad applies for and accepts
charter at the hands OF the State, it acknowl-
edges in effect its quasi public character, and
accepts the responsibilities growing out of
such acknowledgment" These decisions JUS
lily the States claim to interfere in the
carrying on of railroads business, TO regu-
late freights and fares, to conduct the rail-
way service in a way 10 subserve the interests
Of the people, and 10 insist against discrim-
mating, partial and unjust acts. The railroads
are privileged for the sake of the public well
fare, not for cooperative profits, and when
ever railroad policy clashes with the public
welfare, the railroad, not the public interests,
has to give way.