Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-03-03
MEMPHIS APPEAL
COL. COLE And THE RAILROAD
anS sslsGtnE

COL, COLE And THE RAILROAD
COnnIsSiOS.
Col. Z. w. Cole, an experienced railroad
man, who has at various times been presi'
dent spd has held other positions in rail-
road management, delivered long addrefs
in Nashville on Tuesdsy upon the subject
Of the adoption by the State OF system
Of railroad commissioner, such as has proved
so valuable in Georgia and other States.
So long ia the address that it fills six COL
umus and half Of tie Nashville AmeJ lean,
although it is put into the fuest print tina,
newspapers use. Mr.. Co.e avows that he IL
no. lawyer, yet his address is principally
made up OF references TO laws, and citations
from and comments upon various legal
cases and decisions differences drawn from
such sources by man not versed in the
intricacies of law are not us1slly
Considered of mitch value, a fact
that detIacts greatly from the weight
Of the opinions and arguments advanced in
the address. Take away the legal part and
what is based upon il, and The address lie
left in the well known position Of the play
OF Hamlet with the part Of Hamlet emit
ted. A portion Of Mr.. Coles remarks apply
TO the provisions contained in bill new be-
fore the Legislature. As among the nu-
merous citations we fud none from this bill,
we can Judge of the address only as it re-
spects the general point as TO whether it
would be wise or unwise tor Tennessee TO
avail itself OF the railway commission sys-
TEN, which, in Georgia and some other
Sates, has proved so valuable in defending
the rights Of the people against railway ag-
erosion and abuse Of power. Col. Cole ut
t.rly opposes the adoption Of that system
by this State, and characterizes leg
islation for the regulation of controversies
between the railroads and the people as "un-
friendly legislation" This epithet alone
places the speaker in the position of a
special pleader, an advocate not of broad
principles and equal justice to The railroads
and to the public, but of the railways as de-
PENDANTS against the public as compliments
and his efforts are directed solely toward
obtaining victory for his clients. That COM
plants against the managers of railroads for
arisen in every part of the United States,
and also in the various countries of Europe
where railroads exist, is proof beyond con-
tention that there are such abuses, and that
the public has suffered from them. This
fact is passed over, as if non-existent, in Col
Coles address, which, Of course, detrscts
greatly from It's logical force and practical
value. That legislation correcting such abuses
is "unfriendly legislation" is an assertion
without basis and in the teeth OF facts. Rail
road commissions help railroads when, by
correcting their abuses, they establish j ls
tice in place of wrong, and so change public
censuTe into general appreciation. They ALEC
Justify the railroads in cases of unfounded
charges against them, and defend them from
fraudulent efforts on the part of unscrupu-
Ious shippers. 1t is the right of every man
in the State OF Tennessee ito select his own
market, either home or foreign, 10 which to
purchase his supplies or cell his products,
without obstruction on the part OF transpor.
tation companies, either in the form Of un.
reasonable and unjust rates and arbitrary
rules, or by combination and agreements
expressed or implied between such com
panies." These words of the Georgia Stat,
Commissioners apply with equal force Il
Tennessee, and if legislation TO suppor
such a Just principle be "unfriendi.
Iegislation" 80 much the worse 70
those railroads that find in justic
an enemy. Experience, says the sam
authority, has proved that the transports
Which viii 1ess RUye and aEsc.i%i
mating rates, and "lhis board has constant
kept in view the very desirable object O
Bringing the railroads and the people to
full recognition Of each Others legal an
equitable rights" That this claim is iru
is proved BY increased earnings aud highe
prices for share u E5tia -ui iz-t b lG
commissioner contro'. Bot in the face o
the well-known experience OF Georgia, Col
Cole speaks OF railway commission q
though it were monster created and lie
loose by the State Legislature to hsrrass anC
injure railroads. The facts as demonstrated
by experience brush away the acres OF Cos
samer with which the Nashville speaker
seeks, by specious priori objections, to plac,
obdruclions to the Tennessee Legislator,
interposiug regulative power between tn,
railroads and the people. The Nashville
advocate Of the railroads claims for tn,
roads powers beyond ANY State authorit,
to touch; they eau enforce extortionate rate
and carry on discriminsiive ipjustic
while the power Of the State lies helpless
he ~ nd 81,
long address contains establish no sucl
domineering power in the hands Of the rail
roads. No charter they hold places then
above the position of common carriers, sub
iect 10 the law as such. None of them hol,
foot of ground except under that right o
for private emolument but for the publ
benefit They owe duties which must b
performed by them as agents for the public
The recent decision, which Col. Cole did no
quote, in the case of the New York railroad
and it's striking freighthandlers, has left n,
doubt upon points which much of this ad
dress darkens and mysii6es. The speaker
endeavors 10 frighten the Legislature o
Tennessee from providing a railroad com
mission by the threat that, if it do SO, tn,
be stopped Col. Cole must estimate
the INTEL 0ence of cur legislators at
very low value, TO give utterance Il
bugaboo cry 80 puerile. When capitalist
see before them prospect of making none,
by the transport Of all those millions wortl
Il a. -
with such warmth OF color and brilliancy o
light, they will build the needed roads; whei
they zee no prospect of profit they will lie
them alone. What the Legislature may d
or not do will not interfere with the ordinar,
operation of the economic law that govern
such cases; it has not done so in George
and it will not in Tennessee. 1t is pleade,
that there are vested rights and chartere,
privileges possessed by the roads which tn,
State cannot touch, yet the roads are crea
lures Of the State, not lis masters; if the,
have rights they also owe duties, il they hav
privileges they have also responsibilities
They are agents, not dictators; they wer'
made 10 serve the public, not the publi
them. These are matters OF importanc
that do not appear in the Nashville
address. The speaker represents tn
demand for a railroad commission, ant
complaints sgsinat the roads, as the doing
Of demsgogues who seek to mislead the pub
lie mind. If the Cotton Exchanges, and tn
Chambers Of Commerce, and the Boards Q
Trade and the great body of the merchant
of the State of Tennessee are demagogue
-. ofhar.;s. "a. M