Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1884-10-04

can be punished under It's provia-
ions, and thus IL appears the act In,
In its severest features, more exact
ing and oppressive OF corporations,
Nan OF persons operating railroads,
the former being subjected 10 penal-
ties and to punishment from which
the latter are exempt.
But the unconstitutional discrim-
iuation of this act Is not confined to
discrimination between railroad cor
porations and persons operating rail-
roads, but extends TO a discrimina-
ton between railroad corporations
themselves, the 18th section thereof
expressly declaring that ''none OF
its provisions" shall apply to any
railroad then being "constructed,"
or which might thereafter be "be-
gun and constructed i'm the state,o
until "ten years from and after it's
completion"
III the legislature can thus draw
the line between different railroads
before the date at which they were
or are constructed, where and at
what point is Legislative discrimina-
ton to cease? Ifthe legislature can
thus discriminate between new and
old roads, 1t can assume any other
arbitrary basis in support of invidi-
Gus legislation, and in this way OPP
press one interest for the benefit of
another; and if it can do this. the
foregoing wise and just provisions
of the State and national cOnstitu-
tons, intended to secure an equality
of rights TO every citizen, may as
well be eliminated from those sa-
cred Instruments.
Notwithstanding the act under
consideration processes to regulate
railroad operations, it, in effect, pla-
ces the business of all railroad cOrp0-
rations in the State under defend
ants supervision and control.
The other powers conferred by
this act upon the commissioners in
addition to the authority to pre-
scribe rates, include all the incidents
pertaining to the absolute owner
ship of property.
In the exercise of them, the COM
mission can limit receipts and die
tate expenditures, insure prosperity
to one company and drive another
into bankruptcy, and assume the
management and control of the bus
mess and operations of every rail-
road corporation in the State.
IT is true the railroad companies
may adopt or ignore the sugges-
tions of the commissioners, but it is
at the peril of multiplicity of suits.
No railroad company in the State
can successfully cope with the liti-
CATION that will inevitably follow
refusal by it to conform to the re-
quirements of the commissioners in
the particular mentioned. Through
the Indefinite terms of the statue,
severity and multiplicity OF its PEN
alties, the impossibilIty of determining
in advance of the verdict of jury
in the particular case, what is and
what is not a violation of its provls-
ions, the power conferred or attemp-
ted to be conferred on juries to de-
fine the offense and then infiict pun
ishment, coupled with the expost
facto effect given to their verdict,
involves everything in uncertainty
and commits every railroad corpora
ton in the State to the mercy of the
commission. By the slow but GER
tain, operation of this statute, the
commission can, if they want to,
gradually take and appropriate all
the railroad property in the State to
the public use without that just COM
pensation provided for by the con-
StitutiOn. In a word, the commiSS-
ion, under the terms of this act,
hold, in so far az railroad corpora
tions are concerned, the issue of life
and death as in the hollow of their
hands.
The commission would become
the practical managers of all our
They are to be elected
every two years by popular vote.
In the absence of some radical
change of party methods, the COM
to be elelected from time
to time, would represent and exc
cute the policy of the dominant
party, and uncOnsciously or inten-
manipulated this great in
terest for the benefit of the political
to which they belong.
Railroad property, on the success
full, judiciOus and just management
of which the future growth and
of the State so essennti-
ally depend, would become the prey
of the spoilsmen and an irrespOnsi-
BILE Oligarchy, far more dangerous TO
political morals and the business
interests of Tennessee than any pos
sible railroad combination would be
firmly established in our midst.
We repeat, the regulating power
Of the legislature and the courts is
sufficient to compel railroad COM
panies to perform all their underta-
kings in favor of the public, and to
prevent or punish all derelictions of
Iuty. The legislature can enact
laws within constitutional limits for
the regulation of railroad operations |
but it cannot lawfully authorize a
by direct or indirect
legislation intended to accomplish |
that end, or necessarily involving |
hat result, to take control of their |
business and operations. Such legis-
atiOn would be an unauthorized |
and unconstitutional invasion OF
private rights.