Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-02-14
la,,caster f,,tclligfarsr.
WEDNESDAY EVENING. FEB. IA. 1873:
GGwep on Determinations.

No man living is better able TO CON-
mand attention than Franklin Is.
Gowen, who always says something IN
vigorous way that is worth hearing. The
entire honesty of his convictions is
recognized, and his frankness ard SINGER
ity command the respect of even those |
who differ with him. He appears afresh
to-day before the people as the president |
of a great corporation, demanding legls-
lation that will compel corporations to
Just dealing with the people complain
ing that he is injured, not only IS !
citizen, but as a railroad president,
by the unjust conduct OF other
railroad presidents. Mr.. GOwen's posi- |
ton in hostility to the Pennsylvania
railroad has never been concealed, and
it. is 4 natural one for him to maintain
rs the president Of rival corporation.
Few other men in his place would OBJ
tain credit for any better animus for
his assaults upon the Pennsylvania 5
management than that arising from
jealousy and ciasEing interests; yet MIR.
Gowen is credited with the ability and
disposition TO look at the encrOachments
of this corporation from the popular
standpoint and to be really in sympathy
with the people in their demand that
the carrying companies shall be jus. in
their charges for their service.
He appears before the Legislature to
ask for legislation against discrim!na-
ton, but opposes the bill of Mr.. Iulines,
prepared for that purpose. His obleC-
tions are plausible and generally sound.
But whether the bill he has framed is a
proper substitute may be doubted. Sub
stantiaily il furbids unjust discrimna
ton in these charges by common car
riers. but leaves the decision of the III
Justice to the court or the jury called
upon to decide each complaint. The
courts may be appealed to to com
lnand an IN uSt carrier TO DO JUS
tce Immediately and that would
be Il good law. Juries may he called on
to give lriple the damages suffered by
the UNI ust acts OF a carrier, bu. the
jurits are TO determine in any case
whether the injustice las EeeH perpe
'at,d and that would lie Il good law.
But bot. courts ;,n;! juries are left with
Olt sufficient chart to decide as to
whether an injustice has been committed:
Consequently courts and juries in
different places and at different
times will decide differently, ard
there will De 40 certainty and consist
ency in the laws adjudications. What
the Legislature leeds to do is to decide
what will constitute an unjust diScrimi-
nation i. carriage then it Will be tie
province Of cHurls and juries to enforce
TIL. L"2isl.ture'5 idea. The common
law furl;jds The treatment Of one custc-
mer 10y II cy..imon carrier ditfert l,liy
from another. PrDbsbiy properly ami.
mated Judiciary m;:s!,: under The com
mon law, giv" the people al! the re
lief they require. But it has not
been given; and the need of II
statute defining the rights Of tht.
people 10 ajus1 rate Of freight has been
abundant'y demonstrated. We agree
that railroad official ought not to l,,
imprisoned for Il failure of Judgment,
when the quCS: ion Of points in his dis
elimination IN rates of freight is left
open. 1t is necessary To close that lu"S
ton if railroad officials ~" t. be held
criminally liable. What they may do
and what they may not do mus. bc
sharply defined, So that they cannot
honestly err IN their decisions. There
Mr.. Governs objection TO holding rail
road president criminalv liable falls:
for an honest railroad president could
never go astray; and tlat is the only
kind he is interested in protecting.
We sympatliiZe with him, too, in his
objection to ufor'lors. They are prop
erly odinus people whom only dire neces
si:y would create. No necessity exists
for them in this case Those who ar.
aggrieved 10y a railroad company's ac
ton have sufficient motive to cause its
correction in the courts if they ara
afforded q way.
They do not require yClaborate law.
What they reed is that every common
carrier SHALL be cn;npel"d to take all the
business offered from any Source, at Il
like price, to all who offer Il team load,
4 carload or part Of a car ln;.d. Of like
goods, for a like distance, in Il like di.
rectiOn: and to publish their scale OF
charges, being prohibited from var; ing
from il, or giving special :;N,! private
rates for any reason whatever. With
such Il law the function Of i court or
jury summoned 10 decide between
tie carrier and the customer would be
simple. The company's du,y would e
plainly indicated, and it wcu!d Only Nced
to be determined whether it La! dcl"
what ii was commanded 10 DO, ard If
net whether 1t had sufficient excuse 10
mitigat" damages Or to cause the
court to withhold It's mandamus in
provision for which possible excuse, The |
courts ami jury should he endowed with |
some degree of discretion to lccommo-
date their finding thereto-,f3r instance, |
ali unexpected rush Of business nigh |
find the carrier unproyid2d witt: trans |
pOrtatiun facilities. That excuse should |
avail for reasonable period bu. il |
should not eNcIse the carrier w..O d;i |
not Use the utmost endeayor to meet the |
emergency rs promptly rs possible. It
would not excuse the Pennsylvania rail