Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-06-08
LOOKING UP LAW.
The Railroad Commission; Not in Session
on Wednesday, Engaged All Day
Hunting Up Authorities
On Important Questions Which They are
Likely to be Called on to De-
eide Very Soon.

NAsHvILLE.-Ffom The Banner of Wednes-
day, We learn that the Railroad Commission
we're not il regular seseicu that day on &C.
count Of the absence Of Capt. TdrIey. Gen.
Gordon and Col Savage, however, were in
the office, Gen. Gordon answering correspond
ence, while Col. Savage was busily engaged
in reading reports of other Stale railroad
commissioners, sni also Law authorities bear
ing upon railroad questions. In answering
9 question as to what he found upon the
suajeet which would be of interest to the
pubic, he turned 10 Judge Bakers decisions
Federal heports, Vslume Is, page 3, and
te2d the following ex'rac', which he said he
deemed Pertinent 10 the question now pend
ing bstween the railroads and the people.
Judge Baxter Gays 10 his decision in the case
of Mccoy gs Chicago Indianapolis and ST.
Loui4 Railroad Company:
Railroad corporations are quasi public CORPORA
tiOns, dedicated TO the pubic use. In accepting
their charters they neeesssrilE accept them with
BY law. Thus quasi public trust is created which
clothes the pubic with an interest in the use of
railroads, which can be controlled by the public
10 the extent ~ the interest conferred therein.
Col. Savage said the Railroad Commission
will never, ard has SO Informed some of the
railroad authorities, ask from them any
relief for the public at large which any indi-
vidual might not obtain for himself bv filing
bill in q Court of Chancery. In support OF
this be read from Judge Baxter in the above
GASES as follows:
In the absence OF some statute providing another
and different REMEDY, courts of equity have iuris
dieion to enforce this quasi public trust and com
pei the railroad corporations to discharge the du-
ties imposed upon them by law, and persons in
iured By the wrongful action or non action of such
corporations may seek redress by Injunction and
are not bound to resort to proceedings in man
damus or TO an action of law for damages.
"Fhis case" said the colonel, ALSO decides
that railroads cannot discriminate against a
person or locality 80 as to iujure either" He
then read from the same authority as follows
If permitted, they can SO regulate their freight
charges as TO exact from each locality dependent
upon them the utmost farthing, which the cir
cumStances of each particular and the absence
of wholesome competition will enable them to
impose. For instance, when competition is sharp
they can cary passengers and freight over their
entire lines for less than the charge for short in-
termediate distances, simply because in the one
case they are controlled by C competition, and in
the other in the absence of such competition they
have 1t IN their power to extort the utmost
able of bearing. Those who have them in charge
organize side collateral business enterprises
and manipulate their roads to seriously Grip
pie their competitors aud add to their profits
Tne colonel hen read from the same jud &c
in the csss of Hayes Us. the Pennsylvania
Company, where, in speaking Of railroads, he
SAYS:
Everybody constituting part of the public for
whose benefit IL euthoTized is entitled 10 an
equal and impartial participation in the use Of
the facilities il Is capable of offering. Its owner
ship by the corporation Is in trust well for the
public as for the shareholders, but its first and
primary obligation is TO the public.
Col. Savage then said: snow what has
been read, according 10 my mind, covers the
Gaze, but now my idea of the question is that
the highest duty OF the railroads is to the
people; the people created it for a public
purpose; the creature cannot rise higher than
ts creator; it must serve the people fret and
fulfill the purpose of It's creation. It's sec
ond duty is 10 The stockholders. Many rail-
road officials in the past, both in the con-
struction and management of railroads
seem to have forgotten both people and stock
holders, in their efforts to amsss great for.
tunes for themselves, at the expense of both
stockholders and people"