The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1884-08-27

present Commissioners proceed under
the present law, or that another super
visory law is passed aad they are re.
appointed, what viii they do? What
can they do? We have carefully ex.
amined and reread the opinions Of the
Judges, Baxter, Key and Hammond
published in full in the American on
the lst of March last, to see If the de.
cision only reached the form of that
law, or if it reached the principle
involved, and we find that, If this de-
cision is the law, then no law can be
enacted to create supervisory board
"a board to do what is now proposed
that will stand. In other words,
the three United States Judges for
Tennessee have unanimously held
that the very thing now proposed can
not bedone.
Under this decision a supervisory
commission cannot be created, and no
commission can be created that in
any way interferes with or undertakes
to regulate freights passing over a
State line.
This decision cuts off debate. The
Supreme Court of the United States
may reverse il, but until it is reversed
it is absolutely certain Judges Baxter,
Key and Hammond will instantly in
teTfere and restrain a railroad COM
mission from acting under the present
or any law which may be created. To
doubt that these Judges would have
the courage to sustain their own hold
ing until the Supreme Court reverses
them would De manifesting the gross
est ignorance of their character.
This being a proposition that no
body will deny, how much business
intelligence is there in creating and
paying a commission that can't move
peg. We are aware that newspapers
have seriously criticised the decision;
that they claim the Supreme Court
has decided differently, and that the
decision is ridiculed, but the question
is this: If the Judges who decide
questions of this kind differ with the
newspapers about what the Supreme
Court has decided, and they made
this decision, believing that the cases
decided by the Supreme Court have
nothing to do with this question, and
these Judges have the courage to |
stand by their decisions, is there
any remedy except in the Supreme
Court of the United States? |
And if the case in the Supreme Court
can't be reached under four or five
years at least, do we want Commits
sioner during the interim just to draw
pay? Five years will be $4,000 be-
sides expenses. Would any bust
ness man, holding a patent which
be was enjoined from using, when the
money came out of his own pocket
md not out of the public-would any
business man under such circum-
stances employ agents at large salaries
% look after the business while the
light to use the patent remained in
Ibeyance under the decision enjoin-
ng him?
All sound lawyers who have exam
ned the decision in the Ten
lessee case, and carefully looked
nto the Illinois Mum case and
,ther cases decided by the Su
IRENE Court, know that the questions
low raised in the Tennessee case are
lev, and that the Illinois cases have
Nothing to do with the questions.
And with all the bold assertions
bout railroad commissions in the diff
erent States, we'll informed people all
NOW that no railroad commission with
'lenary powers has succeeded
n any State, and whenever
ignorance and stupidity have prompt
d the enactment of laws, in substance,
IS the Tennessee statute did-to put
'tate agents in the management of
property, leaving the COM
,anies to provide for their debts and
unning expenses, the result has
,een disastrous and generally aban-
loned. In some Of the States ad-
-isory commissions have been created
md maintained.
1t needs no argument to show that
commissions, if they can
,e established and maintained, at once
tut an end TO all new roads. The last
saw this and undertook
o except the new roads, but the
Judges said laws must be impair
ial and apply to all alike, and for this
eason, with many others, the statute
Tas declared unconstitutional.
No man with sense enough to make .
money would put il in a railroad and
,ut the road under the management
{ the State, leaving him to take care (
( his liabilities. We are aware that '
ONE newspapers say this is just what
capitalists want, but to argue with
uch newspapers would be waste of
inc. All business men know better,
nd TO state the proposition to bust
ess man and ask his approval would
6 efrontery. 7
The commercial cities of the State
re all interested in getting more !
Many portions of the /
tate are yet entirely without 6