Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-25
TEE OPINION AND ADVICE OF IN Ell
BENF JURIs@ ON L POPULAR TOPIC.


In the heat of political contests between
rival demagogues for special popular ad-
vautages, supposed 20 be CAMEL by those
who can howl the loudest and ciuob the
railroads Of the country the highest, the
words of the eminent jurist, Judge Cooley,
quoted below, come az . rebuke and warn
ing, and as cool advice that should have
the effect OF quieting the miserable rabble
of politicians, wrangling among themselves
as to who shall have the highest credit az
the most pronounced railroad wrecker.
The words Of Judge Cooley, too, should
call a pause III the mad rush to regulate
freight charges on railroads according to
fixed and invariable rules, irrespective Of
commercial laws to fix rates, indeed &C.
cording TO the insane ideas of such truck.
ling sheets as the San Francisco EJoiamer,
ana the more yenal San Francisco Chronicle,
for instance, which demand that uniform
rates shall prevail, and the question of long
hauls and through traffic be wholly elm
mated. Judge Cooley, let it be remem.
bered, is pronounced in favor Of State reg.
ulasion of railway charges where the right
is reserved 10 the charter. to aIter or repeal ;
and TO enforce the common law obligation
upon the carrier to make only reasonable
charges, as duty Of the State. Il cannot
therefore be said that in the remarks
quoted the essayistis actuased by prejudice
in favor Of railway corporations The
Judge says:
It ought to be said, however, that much Of the
legislation which prove injurious 10 corporation
has right and justice distinctly In contemplation /
and is promoted IN the sincere belief that the public
coed requires it. II mischief results from its adop-
ton it must be attributed 20 in judgment or
msinformation on the mart Of those who enacted II
p2aies likely to be Of this sort. legislators are
likely to think just regulations easy and simple
and in the case OF passenger traffic may be found to
be so but the charges Tor the transportation Of |
property are governed OF conditions which No egls
latiun can possibly change or control and which (
railroad companies must observe, whatever the /
statute may say. The law OF competition 10 a l
country politically divided like ours is an lperious
and eNaotng master, and statutes at most can only
prevent it operating disastrOgsly. What IS f9tri /
impairment 70 ifS cOTlfy0i 5 lac IS thst The State
the nation have in respect tia divided power
and while it is for the interest Of the nation no large 70
encourage the competition which favors long hauls
IL Is for the interest Of localities 10 make competi
tcu most active in short hauls. state Is there
fore likely 90 favor legislation which counpeis Ero.
portional charges or something near such charges,
for al distances but this, Il it could be adopted
and eaforced, would preclude the great through
lines O. NeT York and Pennsylvania from 1oIa-
petiug 81 Chicago, st. Paul ard St. Louis Ia the
grsin-earryiHg trade q the Northwest, and would
reduce such links as wholly within q State %
the condition Of mere local roads compelled Go
make high charges, or 20 into bankruptcy. But
whenever State power SHOULD thus De eXerted
preindciay, il hardly be doubted that Congress
would interfere Kinder its authority over future /
state commerce. 10 aid of those competitive forces
when silently but steadily have forced down tia
CHARGES for railroad service