The home journal. (Winchester, Tenn.) 1858-188?, 1884-08-27
he conclusion that railroad property

the conclusion that railroad property
ought TO be taken away from the own
ers. Can the Democratic party afford
10 fall into il, even to get the votes OF
people who are ignorant OF the funda-
mental principles OF property rights
Our noble leader, Grover Cleveland,
was put to the test on this question.
Here is what he said in vetoing the
fve-cent fare elevated railroad bill:
This bill prohibits the collection or receipt
OF more than five cent. fare on any elevated
railroad in the city OF New York for any dis.
lance between the Battery and Harlem River,
and provides that II any person or corpora.
ton operating such elevated railroads shall
charge, demand, collect or receive any higher
rate OF fare, such person or corporation shall
In addition 10 all other penalties imposed by
law, forfeit and pay TO any person aggrieved
fifty dollars for each ohense, TO be recovered
by such person In any court OF competent
Jurisdiction"
1.-THE importance OF this measure and the
| Interest which 1t has excited has impressed
me with my responsibility and led me to ex.
anime, with as much care as has been posi-.
| bic the considerations involved. ] ami con.
| WINGED that In all cases the share which falls
| upon the Executive regarding the legislation
| OF the State should be In no manner evaded,
but fairly met b. the expression Of his care
| fully-guarded and unbiased Judgment In
his conclusion he may err, but II he has
fairly and honestly acted, he has performed
| Ms duty and given TO the people OF the state
| his best endeayor.
by the sixth section ofthe act passed June
| II, 1875, II Is provided that the New York
| Elevated Railroad Company might demand
and receive from each passenger on its rail-
| road not exceeding ten cents for any distance
| Of five miles or less, aud not exceeding two
cents for each additional mile or fractional
part thereof
While the charters OF corporations may he
altered or repealed, II must be done In sub.
ordination 10 the Constitution Of the United
states, which Is the supreme law OF the land.
This leads 10 the conclusion that the alter.
alton Of a charter cannot be made the pre-.
text for the passage Of law which imDdHs
Tie obligation ~ Il contract.
II am mistaken In suposing that there are
legal objections 10 this bill, there is another
consideration which furnishes to my mind
sufficient reason why should not give 1t my
apr n..,,.-,
these fares at this time and under existing
circumstances involves breach OF faith on
the part of the State, and IL betrayal OF conf.
dence which the State has invited. II
Is manifestly important that invested capital
should be protected, and that It's necessity
and usefulness in the development OF enter.
ptises valuable 20 the people should be recog.
nized by conservative conduct on the part OF
the state Government.
II am not unmindful OF the fact that this
bill originated III response To the demand Of
a large portion OF the people Of New York for
cheaper rates OF fare between their places of
employment and their homes, and / realize
fully the desirability OF securing 10 them all
the privileges possible, but the experience OF
other States teaches that we must keep with.
In the limits OF law and good faith. lest in
the end we bring upon the very people whom
we seek TO benefit and protect hardship
which must surely follow when those limits
are ignored"
The Assembly by large majority
sustained this veto:
Commenting upon the veto, the
Memphis Appeal in recent editorial
said
| ellis veto OF the ive.cent fare bill was not
in the interest of the street railroad monopo-
| lies but III the interest OF the Constitution
| which he had taken an oath to support. His
veto, in the face OF the fact that {, would he
| unpopular, was an act which will ultimately
| secure for him the respect Of the people for,
however desirable II may have been tn have
| the elevated railroad fares reduced, and how
ever polite as measure OF popularity itmay
have been to sign that bill; his objections 70
1t are unanswerable. He believed the bill
was unconstitutional, and that his duty s
| the Executive was not TO sign 1t. He there
fore sacrificed whatever chance OF popularity
was offered, and held TO the determination TO
90 his duty and stand by his convictions.
| This Is one OF those acts which the clamOr OF
craftsmanship may obscure or pervert, but
| which the abiding sense OF the community
sooner or later is sure to indorse. The inteli.
gent "0rkingman knows, In spite Of political
rhetoric, that the best safeguard he can have
In public servant is integrity OF purpose and
the courage to Withstand the pressure Of
vested interests on the one hand and the idle
clamor OF class on the other
This endorsement must meet with
the unqualified approval of every
good Democrat.
Under the laws of New York
charter may be repealed or altered
still, under this, Gov. Cleveland held
that no such privilege could be taken
with chartered rights.
There is no power in our law to
alter or repeal charter, and hence
where rights are given in a Tennessee
charter the case is stronger than in
New York.
The sentiment over the State seems
to be that we made a great mistake
in creating commission under a
void law, which has cost us a great
deal Of money, and that COM
mon prudence, outside OF the
practicability OF it, forbids the
spending of more money until the
Supreme Court acts.
The delegation in the Legislature
from this county will, no doubt, take
a business view OF the question, and,
il nothing is to be made by commits
sion, they will oppose,it, and save to
the State the large outlay of money
which restrained commission must
bring. 1t will be time enough to Gre
ate commission when the ruling of
the courts is changed so as to allow
it. We must abide by the decisions
of the courts until they are overturned
by higher courts, or we must over
turn them with shot-guns. This is
not now proposed.