The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1883-04-12

] ITlQYcS. lloY nave DttU dOlF ven
tilated by others who have spoken oil
d my side OF the question. / have how
e ever incidentally referred to few o
: them. Confer upon three men th,
L right of regulating and liking the ratel
r and deny any appeal therefrom, as i,
a proposed in section II of said bill, hav.
: ing the rates thus fixed TO govern the
I roads, against which some, or al, of the
, commissioners may entertain strong
3 Observation-Disclosures these commission
ers must be human-w would be perfectly
monstrous, and especially when re-
: quired or authorized to disregard and
override rates or contracts already made
| and entered into for term-and in
many cases for long term-of years
T by manufacturers and large shippers
, Many of these contracts are made by
manufacturers of other states for long
series of years for shipments from that
state to some point within this state and
in getting to this state they may have
to come entirely through another state.
Such contracts as these, although au-
thorized and under their vested righi S
cannot be disregarded By the commits
sion in this state withetst dolpf yloience
70 the constitution. Such Question as
this was recently decided by the SUI
preme court of Ohio. Under the house
or caucus bill roads are required to
charge the same rates and no more for
short as for long hauls. And they are
required to charge the same rates in
one direction as the other. 1t Is well
known that in certain seasons OF the
year there ia but little freight on some
of these roads in one direction, and
| great deal in the other, so much, indeed,
that the roads are taxed to their utmost
to move it one way and there IS but lit
tie in the other, so that many of the
cars have to return empty. This might
be obviated by permitting inducements
under such circumstances for freights.
| And on a certain road leading from
| Nashville TO Hickman the grade Is
generally down and ore engine can
easily move thirty loaded cars in the
direction of. Hickman; but in the OPP
posite direction-from Hickman to
Nashville-the same engine can with
difficulty carry twenty such cars. But
under the bill the rates must be the
same.
The 3rd section of the bill provides
absolutely against any discrimination
on any and all freights, passengers or
cars. Another section of the bill pre- |
vents discrimin alton in favor OF GER
tain points. Here is direct conflict. |
Now let..us adopt bill for commits
on for the regulation of these things, !
but let il be done in a reasonable and |
proper manner-let it be such that can !
be enforced through the courts ifneces-
sary. A law that cannot stand the |
tests of these tribunals is worse tha |
no law. Ir would bring trouble and |
litIgation with much expense TO the |
people of both parties and would prove
TO be dead letter. Aud while re
should look after and provide for that |
class of our constituents who patron
ize these roads and to see that they |
have full protection and Justice with |
these great public thoroughiares, we
must not do it at an utter disregard OF |
the rights of that class of our constitu-
ents who build up and operate them.
We should remem Der that both these |
parties deserve aHd. should receive an |
equal share OF our consideration. L
don't know how many OF my brother
senators here are versed in railroad
matters. l know the subject is ditficu t
and complicated one, and ono that
takes many years of close and attentive
study to master. knew but little OF
it myselt-too little to venture tolra-
strucL those whose lives have been Civ
en- to the business.
Tennessee is largely indebted to the
railroads for much of her wealth anu
prosperity and Instead OF crippling and
breaking up these roads, and prevent
ing the building of others, we should
endeavor TO encourage new ones and
not embarrass but strengthen and fos- |
ter existing ones--remembering that
their interest and that of the state are |
SO interviewer that what promotes the |
interest of one advances. that OF the |
other, and what retards the interest OF
rH thar nf tho other l,eE uS |
substitute bill as an amendment that
8 free from many OF the OBJ ections OF |
the house bill--one that will meet all
The requirements of the people. Alter !
this bill becomes substituted repea |
the senate can consider is seridttnat |
and properly amend it If deemed prop
or and thereby make it entirely salts
factory. The proposed amendment
comprises all in one bill, whereas there
are two bills upon the same subject !
matter from the house.
There is nothing in the house bills
that is an improvement to or excels the |
one offered as substitute. AS mat
ter OF economy to the state they have |
no advantage nor have they in any |
other one thing. The house bill takes |
the whole matter of and regulating the |
rates from the railroad officials and |
gives this power to the commission with !
arbitrary power. from which there can |
be no appeal. The senate bull offered as
an amendment has a commission also
but no such despotic or arbitrary power |
Islgiven by it. They have nothing to do |
with making, but revising rates when |
| fixed by the roads, with power, how
ever, to require that they shall DO JUST
and reasonable and unlike the house
DILL in this too, there may be an appeal
| from their action.
Now one OF these bills lis of such
character that it would be dead let
ter because it could not be en- orced
in the courts because of its uneensti-
tutionality and it enforced it would be
so unsatisfactory to the railroads that
| they would not submit to it and
we would have interminable and
expensive litigation and and finally
| thesroads would 60 into the hands
of a receiver and be sold and the
whole object of the bill would be fail
ure. The senate bill, while it fully pro-
tects the shipper and will prevent, un-
der penalties, unjust and unreasonable
charges, it is done in way that 1t can
be enforced, because it in no way mill
i tates against the the constitution, or The
rights OF the roads under this instru-
ment, and would not be nor could it
be resisted by the roads.
Such bill and such an one only is
this general as emily justified in pass
ing. When it is argued as has been
done by certain advocate of the h ouse
bill that mo law, whether it be the
granting of a charter or of any other
nature, can take away from the people
the right to enact through their repre-
sentatiYes any law which is essential to
their welfare or important to the weli-
being OF society, and that chartered
rights-contracts If you please--which
Interfere with the general regulations
tor the good of the state and the protec-
ton OF the rights of individuals may be
abrogated. They ought to be abroga-
It'd. Pull lie policy demands it." Such,
Mr.. Speaker, is the elanguage used by an
advocate OF the house bill--and he the
| author of the bill. Wnen such disregard
and contempt. is uttered against char
tered rights or contracts is It not time
that we should pause and see
| whittier we are tendfngp It is not
required that must know a proposed
enactment to be unconstitutional to
withhold my support from it, but rath-
er must know it to be constitutional
| % support it. / am no constitutional
lawyer, nor am l lawyer at all, but
this caucus bill is regarded by good |
lawyers here as unconstitutional, and |
while equally as go ID lawyers may re-
| gard IL otherwise how can l. or YOu sir |