Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-03-16
FRIDAY, MARCH 16, 1888
TATE POWER AND THE RAILROAD
COMMISSION.

ness experience, enVled georgia IN - pee
session of Railroad Commission. There
was regret when, two years ago, the Legisla-
ture at Nashville failed to pass the bill II
one house that had passed the other creating
Railroad Commission TOR Tennessee. A
jlst bill, careful OF the interests of the roadi
a. we'll az for justice 10 the people, is now
before the Legislature, while a portion Of
thu press is found to be very tenderly con-
sidering the privileges of the railroads, but
apparently Indifferent TO the rights of peO-
pie that have, at various times, complained
bitterly of unjust discrimination aud arbi-
trary rules inimicsl TO their interest, To
prevent the people obtsining that safeguard
to their rish's which commits
sion provides, bsseIess and unjust ar
guments have been used, the ground
lessness and distortion of which have shown
how unable even accomplished advocates are
to urge sound reasons sgsinst the bill now
under consideration at Nashville. The prin-
cipsl expressed opponent OF the proposed
measure, Col. E. w. Cole, has actually, in
the face of the decisions Of he courts, de-
MED the right Of the Legislature TO exercise
the powers that belong TO it. For this pur-
pose he denominstes clause in a railway
charter that prohibits charging above GER
tain rates ga contract" by which the State is
bound 10 the corporation in a way that pre-
vents it, hereafter, exercising any authority
in the matter. Were this true, q government
that granted many charters and conferred
many privileges wsuld find its authority ma
t,rialIy abridged, and itself becoming weaker
aud weaker, while the corporations the State
had created, things 10 which il gsve life,
grew stronger and stronger, until the State
and the people were dominated and ruled
by monopolies. .The preposterousness of
Col. Coles claim is at once apparent Col.
Cole fnds the Legislature Of Tennesaee
though strong enough TO bind itself
by "a contract" less strong than
some other States, Georgia for in
stance, TO release itself from its self-im-
posed shackles. He says, in his reply 10 the
Atlanta Constitution, that Georgia can fix
rates for railroads Sin conformity 10 a pro-
vision Of the constitution of Georgia con-
ferring power upon the Legislature to regu-
late railroad freight and passenger tariffs"
The State could not confer power unless it
possessed it by virtue of its being State,
and by virtue OF the same existence az q
State Tennessee can confer the came power,
and TO do so it is not necessary that the fact
should be named in the constitution. The
legislative Office is not restricted to details
specifically mentioned in the constitution.
The same attempt to abridge legislative
power in Tennessee that Col. Cole SO sig-
nally fails in was made in Georgia by one Of
the railroads, which pleaded prohibition in
its ch arter from charging over given rates
was ga contract" between it and the State
which, for all time to come, could not inter-
fere with auy charge at or below that rate.
An injunction was got out by the complaining
railroad against the commissioners to prevent
them from enforcing the rates upon it that
the other railroads in the State were con-
forming to. The Court decided that the
commissioners we're right, and ihs railrosd--
the Georgia RailroSd and Banking Com.
psny-sppealed to the Supreme Court Of
Georgiv, and that court last week sustained
the right Of the commission TO enforce Ger
tain rates; the decision was unanimous
Here again ia a confirmation OF the princi
pie that q State does not forfeit its sovereign
power.; nor does one Legislature contrac
the powers OF its predecessors, in the way
the eloquent advocates of the railroads il
his address at Nashville claimed 10 be tht
case. The Legislature of Tennessee, il
passing the bill to establish Railroad Com
mission for the State, will not be transcend
ing lis powers. The bill proposes nc
abridgement Of the rights or powers the Law
confirms 10 Inc railroads, it simply pre-
vides :ainst privileges being abused anC
powers misustd, and a wrong done t
Individual citizens. That Railroad
Commission does not injure the railroads i
proved by the fact that, since the commits
sion was legislated for in Georgia, the in
comes of the roads have increased, and Col
Cole himself has built railroad property il
that State. All the law does is to presery
merchant and other citizens from beinl
wrensed having their interests injured
In other countries and other States simila
measures have been found necessary, even b
the point Of governments taking roads int
their own hands, and what has been foun
necessary elsewhere we cannot do without i
Tennessee. If We postpone the time a
which cur people shall enjoy the advantage
of the commission system, it will be to ex
pose ourselves to future grievances, whic
in the end will compel, alter loss and ve1s
ton, the adoption of the system the Legisls
turs at Nashville propose 10 adopt at once