Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-03-16
which was highly eomplimsnted BY his fel
low-members,


l
Legislature, and was then pretty thoroughly con
,idered; After my election to this house / fel
question, end as best could nave spent much
time, thought and labor in an effort 70 cOmpre
mend It. l have been ernboldened and have &C
| CURED confidence and strength from the assur
snce that the people have wiled that this measure
should pass into law, and l have gained sd5i
! tlonsl confidence from the reflection that otne
states nave trod the path we are now tresding and
| li> people have been benefited and the rkilreads
| have not been injured thereby The result of nv
inyestigs tons aud best thought upon the subject
| mas only confirmed NE Ia the conviction
| ana nVeted me II the conclusion that the PEG
| PIE are night and the measure should become o
| law. However, If upon Investigation end reilec
| uon my Judgment had been otherwise would not
| retain my seat and vote against the bill TAp-
pause belong TO that political fan lily and pro
tlAt poIltlca creed winch teaches mat this is
| the people government, and that theiTsOvereign
viii is supreme take IL the cardinal article OF
my political fsith that we servants of the people
-helr SCENTS their representatives, that tbs our
business 70 reflect their WILL and if we fear to DO IT,
! we are recreant TO public duty and the selfcon-
iessed violators OF public trust and confidence.
Ihere Is no position more untenable or subversive
OF our free institutions abhorrent to any ideas
Of Justice and right than the position that the rep
nor eSgsgenenis iAppause For Years the peo
pie OF Tennessee have been divided on the
STATE DEBT QUESTION.
There were questions connected with it growing
! out OF the war, the consideration of the debt,
Its funding, its legality and its interest that were
grave and should have been gravely considered.
people 70 be truly represented in these halls The
seyenty-snd-xix and northumberland three meas
Ihe cause OF the revolution which they produced.
me people spurned: from power and place their
whipped them from official position, not SO much
on account of the amount TO be paid as the insult
gwen 70 and the injury done the people. II there
ever was Legislature which stood pledged to
execute the will of the peope, and who are ex-
pected TO represent them truly and fithfully it is
the one now assembled at this capitol Yet such
mas been the laXlty of DrnciDP and ndelity n in
structions that men do not hesitate 10 appro ach
members of this BODY and sttempt 10 Convince
the that is their duty TO disregard platforms and
pledges and vote against this measuie. Why, Mr..
speaker we we're elected to resist and to Withstand
lhese very Influences. lApp!ause.l 1 do not wish
to be understood as intimsting tAst any member
upon this floor could be approached corruptly, or
railroads. would use corrupt means TO defeat this
measure. But mean TO say that the duties Of
legislation where great interests are involved are
always embarrassing. We are constantly meeting
with contrary Observation-Disclosures which may
not affect our integrity. but which nevertheless
subVert our convictions and control our action
In such an emergency as mariners 10 an unknown
and stormy sea take their reckoRings from the
stars, so should we take ours from the7prnciples
that are fixed in
OUR POLITICAL FIRMANENT.
The twenty-th1rd section Of our bill of rights
soiemnly declares that our people have the
right to instruct their representatives. The
Democratic C9PPYsRitto0p two Conventions, aud
eacn wing of the party declared in favor
tives OF the Forty-second General Assembly in
pursuance of these instructions passed bill SINH
to sleep the sleep that knows waking in the
other end of the capitol The great convention Of
the 10th OF June, which will be forever memorable
as mighty gathering of the representatives OF the
people, in the fifth section of its platform declared
In unmistakable terms 'thst we are unalterably
tive ofliberty and the best interest Of the people
and to this end we favor the establishment Of q
commission, the object OF wnich shall be
to regulate the tariff pharppi bv he
railroads Of the State, to put an
end to the unjust discrimination by said
roads In favor OF through againEt local freights
The convention which nom mated Mr.. RUSSELL in
the sixth section Of Its platform declared that I'VE
favor the establishment of Railroad Commission
to regulate freight and tariffs so to prevent IN
Just discrimination, with such powers as shall
protect the rights OF both the people aud the rail
convention which nominated my Democratic col
leagues and myself, declared in its platform that
we are In favor of a law creating Railroad
Commission with supervisory powers over rail-
road corporations for the protection of the peo-
pie" 1t is thus seen that the Democracy of Ten
nessee, whether for Bate or RUSSELL, whether low
tax or high-tax, is on every part of the ground
LAW.
Having shown our attitude as party to this
question, let Us look to the necessity for such leg
islation. desire to say l have no prejudice
against railroads. they represent mighty interests
and mighty influences Under proper restrctio S
they should be fostered and encouraged The
principle that controls me is not 10 embarrass or
OpproSS the people When to the right
OF the state to regulate the railroads we are met
at the threshold OF the discussion with serious
contention. The position of the railroads is that
they stand in the same relation to the commu nifty
as the private citizen in any of the ordinary avo-
cations OF life. The entire argument of railroad
men on this question is based upon a hypothesis
which is denied, that the railroads have the same
right 10 manage and control their property in their
own way that farmers mechanics or merchants have
theirs. The distinction is broad one. When you
go to farmer 10 make a contract with him you
are independent, because, if unable to agree, you
nt
may choose your merchant, your lawyer, your
doctor or your mechanic, and therefore neither is
In position TO dictate to Cypress you, and you
can deal with either at arms length.
On the other hand, take a ferry for example
obliged to cross it because there is other ferry
on the road that he Is travelling. Suppose the
| ferryman SHOULD say: 81 will charge you s. for
nevertheless 1t would be the grossest extortion
Suppose the next traveller should be charged only
TWENTY-FIVE cents, you would have al example OF
the most unjust discrimination.
You can ut once see that travellers would rebel
against such oppression, and would appeal, if
such there existed, to some supreme power to
regulate and control the ferry. Such power
does exist, and it is known as the police power.
The difference between the ferry and the farm is
that the public has interest in the farm while
it has in the ferry. Now the same principle APP
railroads, because they are the creatures of the
State, chartered for the benefit of the people, the
people have an interest In them and we are com
PEELED to patronize them. Then why should the
representatives of the people refuse to apply
= Wholesome principle to railroads which you see
every day applied to every ferry and grist mill In
the country? There is but one answer and
one alone. Ferries and mills are weak and
railroads are strong. Ferries and mills bow
these great corporations lift their heads up 10 de-
fance o. its sovereign control; they subsidize the
best talent in the country; they organize powerful
Hobbies; they confront the representatives OF the
people in the halls of legislation. The ferrymRn
ana the miller cannot do this and here lies the
the miller was able to employ lobby and subsi-
die legal talent. imagine that he would make
A STRONGER CASE THAN THE RAILROADS.
He might say "the railroads derived their charters
from the State. 1 inherited my mill from my an
ground upon which ii stands is my land and
own the water-course which propels it: who
dares modest me in the control OF my property If
charge half OF the gris for grinding it who dsres
question my right II the owner of the grist SUBJ
within half mile OF me because there is 40 other
mill to go to- and the stranger who lives ten miles
away only half so much, because there is another
mill in his neighborhood competing with me for
his custom?" / submit THAI the miller's argu-
ment has more force in 1t Than the argument
which the railroad men urge with SO much vehe
mence, For fear same one may question the
correctness of my position, desire 10 quote
from the case of Mum s. llinois, decided by
the Supreme Court OF the United States,
aud reported in 4th Otto, page 1l3. The Court
says property does become clothed with e
make it a public consequence and TO affect the
community at large. When, therefore, Que deyotes
his property to use in which the public has an
interest, he in effect grants to the pubic an inter
est in that use, and must submit to be controlled
by the public, for the common good, to the extent
of the interest he has thus created. In the exer-
else of this power, it has been customary in En-
gland from time immemorial, and in this country
from its first colonization to, regulate ferries com
mon carriers, hackmeu, bakers, millers, wharf
myers, innkeepers, ETC., and in so doing to fix q
maximum OF charge to be made for services rem
dered, accommodation furnished and articles
sold'' Now. on what principe have we for hun
dreGs of years regulated whaIfs, ferries, mills,
hackmen, bakers and inn-keepers that
DOE NOT. APPLY TO RAILROADS?
There is no distinction except in the nerve TO
do right Poor human nature cringes and lawns
upon the powerful. 1t bends the supple hinges OF
the knee TO the railroad msgnate, while it kicks
the poor devil at the foot of the ladder 1t says TO
the miller, the ferryman, the hackmsn and the
baker, You shall or you snail not, while it doffs
its hat and stands uncovered and absshed in the
presence of great corporate monopolies. 1t says
to them, PLEASE don't do that; it is wrong; grant
me the permission to appoint committee to adj
wise you not to do sO don't get mad, however,
boss, If you don't want TO take advice, you can
do as you please" lApplsusel But 1t is said that
the railroads are doing their best to do right II
that were true, why. then, complain? Suppose il
be true that they are doing right, as claimed by
their advocates; admit thSt the people have been
deceived and lsshed into furoreSy denagogues,
then commission, IL occurs to me, would be
the very thing to undeceive the people and
bring about friendly relations between them
and the railroads. 1t is furthermore said, II you
regulate the railroads it will drive foreign capital
from the State, and it will not come here 10 build
more railroads. Now, let us see what there is in
this argument. 1t amounts to this: If you pass a
law prohibiting railroads from commit ng eItor-
ton or making unjust Determinations, capital
will rot come in your midst. Now l, for ore. feel
like reSenting the arrogance OF capital. 1 don't
want 1t on any such terms. lApplause-I Let US
look for moment TO few fscts that stand out
like headlights in the annals OF our history. This
government was in existence eighty-fve years
prior TO the war This was period of unexam-
pied prosperity ali over the country. Farmers,
merchants, mechanics, were all prosperous 1t