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



II unrestrained by wholesome leg
islation the public would be very
much at their mercy.
The legislature may forbid unjust
discrimination and extortionate
| charges, but cannot, in the exercise
| OF this power, make any regulation
iOnal constitution. Every statue
which invades vested rights, in
f1icts punishment or takes private
property otherwise than by due
process of law, impairs the obliga-
ton of valid contracts, or denies TO
any one or more persons the equal
protection of the law, is unconstitu-
tional and invalid.
The act in question provides that
IL any railroad corporation shall
s'exact and receive" more than ga
just and reasonable compensation"
1t shall be held prima facie guilty OF
the crime of extOrtion, as defined by
the act, and subjected TO the pains
and penalties therein imposed; and
| every "injured" party is authorized
to sue for each extortionate charge
/ and recover stem times the amout
of the damages sustained" and
reasonable fee for his counsel.
The commissioners are comman-
ded by the statue to sue for every
such Offense in the name of the State
and if upon the trial the jury shall
believe from the testimony adduced
that the charges are 'unjust and
unreasonable or that they
"amount to unjust and unreasonable
| discrimination" their verdict must
be for the State, and they are re-
| quired to assess and return there
with penalty of not less than 800
nor more than $1,000, and the court
shall render a judgment therefor.
The complainant insists that the
act is too indefinite to sustain suit
| for the penalties therein imposed,
the Offenses for which said penalties
are to be inflicted not being sufti-
GENTLY defined.
Both in civil and criminal cases
| there must be a standard by which
| juries are to be governed in the de-
Termination of the questions sub
United to them and this act under
takes to furnish one. That standard
is "that nc rates or charges for SER
vices in the transportation of freight
1 ONCI dIIH AOA0 VA
considered extortiOnate or excessive
under any proceeding Un0er this
act, if il appears from the evidence
that the net earnings from its pas
senger and other traffic would not
amount to more than a fair and just
return on the value of which such
railroads with its appurtenances and
equipments to be assessed for taxa
ton"
The value is to be the amount at
which the road, its appurtenances
and equipments are "tO be assessed
for taxation" But what assess
Inent is to govern ? the one made
before or after the alleged over
charge or prohibited discrimination?
The language of the act is ''tO be
assessed"
Suppose the value ascertained,
upon what basis are the net ear
nings TO be computed? The past,
current or anticipated earnings?
How far in the future must the re-
ceipts, expenditures, profits and loss
be fOreseen i'm order to strike bal
ance and fix the charges to conform
to the requirements of the statue?
These corporations are, in addi-
ton to their expenses, allowed to
charge as a rate that will insure a
"fair ana Just return" on the value
of their property. But what is
fair and just return ?
This is left to a jury without a
fixed standard to guide them. One
may fix il at or per cent. and |
another at 6, 8 or 10 per cent. The |
facts that the jury are to ascertain |
are first, the net earnings; and sec
ondly, what would be "fair and
lust return ?'' The ascertainment OF |
net earnings involves necessarily an |
inquiry into the gross receipts and
expenditures, May the jury revise |
the expense account, and, IL so, to |
what extent? Both the earnings |
and expenses vary in accordance |
with the exigencieS of business. |
Are rates to be varied in accordance |
with the fiuctuating fortunes of rail- |
road operations? If so, a charge |
reasonable in itself and honestly |
made might be rendered eXtOrtiOn- |
ate, and hence criminal by reduc-
ton of expenses or an unexpected |
increase of business, or a charge |
honestly made OH the superstition
that 4 or & per cent. would be falr
and just, might be converted into
crime by the verdict OF q jury subse-
quently rendered, based, it may be,
upon facts Transporting subsequent to
the alleged violation of the law.
The corporations and persons
against whom this act is directed,
can do nothing under it with reas-
enable safety.
Before the property ola citizen nat
ural or corporate, can be thus cOntis-
Gated, the crime for which the PEN
atty is inflicted, must he defined by
the law-making power.
The act Furthermore conflicts
with the eighth section of the
eleventh article of the state consti-
tuition, and the fourteenth amend
ment to the constitution OF the Uni
ted States. The first of these pro-
vides that 1.-THE legislature shall
have no power to- suspend any gen.
eral law for the benefit of any par
ticluar individual, nor to pass any
law for the benefit of individuals in
consistent with the general laws of
the land nor to pass any law gram
ting to any individuals rights, priv
Ieges, immunitieS or exemptions,
other than such as may be, by the
same law, extended to every MEM
Der of the community who may be
able 10 bring himself within the
provisions of such law and the last
the fourteenth anendment-prO-
hibIts the States from "depriving
any person of life, liberty or prop
erty, without due process of law, or
denying to any person withinsheir
the equal protection of
the law"
The legislature cannot enact stat
utes applicable as we'll TO other kinds
Of property IA to- railroads, and
therein discriminate so as TO impose
heavier burdens on one than are {
imposed on the other. Certainly
they cannot so distinguish as be-
tween different railroad companies
Or between railroad corporations
and persons operating railroads on
with them. Neverthe- l
less, the act in question, if valid has
made this discrimination in the
most direct and positive terms. I
Although 1t processes to apply to J
persons as well as corporations, !
| l.