Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-03-06
Colonel Coles speech.


ludes to the speech of Colonel E. W.
Cole, lately delivered in the House Of
Representatives at Nashville:
We alluded yesterday briefly and
hastily to the recent speech delivered
by Colonel E W. Cole before the
members of the Tennessee Lcgisla-
ture ia Nashville in opposition to the
proposal to organize railroad COM
mission. A more careful reading OF
the speech in question brings to light
a very curious omission of facts which
the speaker must have had before
him. 1t can hardly be that the
omission was intended, for it can
hardly be supposed that the railroad
men Of Tennessee look upon the mem
bers of the Legislature as a set of asses
who will not investigate for them
selves the question of a commission in
all its bearings.
Colonel Cole, as we pointed out yes
terday, quoted a section from the
charter Of the Nashville and Uhatta
nooga railroad which he claims gives
the railroads the exclusive right to
regulate their own rates. The grant,
such as it is, is not peculiar to the
Nashville and Chattanooga road. II
we are not mistaken, the grant is
made by statute TO all the railroad
companies of Tennessee. The statute
declares that the railroad companies
Of that State shall have the exclusive
privilege to carry freight and passen
gers oyer their respective roads, pro
vided the charges for transportation
or conveyance shall not exceed 80
cents per loo pounds on heavy articles
and 10 cents per cubic foot on articles
OF measurement for every 100 miles,
and 8 cents per mile for every pas
senger."
Colonel Cole appears to be of the
opinion that this grant, with its pro
visO, constitutes a contract between
the roads and the State by which the
former, are given the exclusive right
to regulate their rates. WHAT" he
exclaims, with some warmth, did the
Site not contract with the Nashville
and Chattanooga railroad, if it would
build a railroad from Nashville to
Chattanooga, it might make its own
rate for passengers; provided, it did
not exceed FIVE cents per mile, aud
now it is proposed that the State shall
appoint commission to manage that
road, with power in its discretion to
fix rate for passengers over that same
road that might not exceed one cent,
or even one half cent per mile. Is it
possible that any court would hold to
the opinion that the State could ap.
point commission with such powers
to manage railroads built under such
chartefSP" In another part of his
speech, Colonel Cole alludes to this
contract"
But is there an intelligent lawyer in
Tennessee that has examined the
question that will undertake to say
that under their charters the old roads
have not the legal aud constitutional
rights, which no commission can pre-
vent, Of charging for local travel five
cents per mile on passengers, aud ye,
We do know that all the roads in the
State have more than a year ago re-
duced their local rates to three cents
per mile, almost to one-half the con-
tract rate made with the people when
their charters were granted by the
State-and that was done voluntarily
by the roads, and without the expen-
siye machinery Of a commission.
This point is harped upon in various
ways, and constitutes the basis of the
speech. It is not to be supposed that
Colonel Cole should know the deci-
sion Of the Supreme Court of
Georgia, which dealt with a sim
liar grant to the Georgia railroad,
because the decision was not in print
until after the speech was delivered.
But we observe that in the course of
his address, Colonel Cole quotes from
q decision Of the Supreme Court OF
Tennessee, in the case of Rogan &
Buffet VS.. Aiken. The extract he
makes is upon the question of dis
elimination, and he must have had
the decision before him. If SO. he
strangely omlts to quote another part
OF The decision which deals with the
very question of contract which he
makes the basis of his speech.
Fortunately, We can supply the
omission. Quoting the statute which
contains the grant, the court says:
Held, that the intention |" 1--WE re
specially call the attention of Col.
Cole to this language) of the Leeis-
lature was to confer upon each
company the right to charge, as
a common carrier, for freight
and passengers carried over its
road or any part Of it; that the intent
was not to proportion the charge by
any unit of distance; but to ix max
imum beyond which the company
could not go, aud to leave the tariff Of
charges, within the limit, to the com
pany, subject to the rule Of the CON.
mon law that the charges should be
reasonable,and TO the regulating power
Of the Courts aud the Legislature
1t will thus be seen that the decis
ion Of the Supreme Court Of Tenues
see anticipates the decision of the
Supreme Court of Georgia with respect
to the construction OF proviso. The
principle is the same in both decisions.
We have no doubt that the attention
of the Legislature Of Tennessee will
be called to these facts which Colonel
Cole omitted from his address.
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