The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1884-08-23

their charters as those ct other publ
servants. Amid this Astounding ar
ray Of assurance of state control all
around, OF which railroads We're eye
| witnesses, it is seen what hide force
is lodged in assumptions alluded to
We remark, therefore, 1t Is not to lie
entertained that adjustmentot charges
| in railroad charters, based as IL Is,
and so conceded, upon common law
principles which exist III the relations /
ofthings, and founded upon experience
aud beng progressive, according adaP- |
tedness of law or charges toprugl esslve
changing conditions, these being SO,
adjustment Of rates to bejust can not
be other than progressive. Here the |
principles of common law the heaven
and grandeur of the worlds jurispru>
| dence, present their excellence. Com
mon law recognizes these mutations,
viewing this as world Of changing
necessities, issues all her edicts tjecL
tn amendment dictated 10y require,
ments of such changes. Not unfre-
quently in our and other countries
laws are enacted that work well for
some years, but on developments OF
new relations it becomes evident that
! that some modification must he made
to accomplish the desired purpose.
How forcibiy this illustrates railroad
charters; they worked well for some
years, in proof Of which there were
few or no complaints. That they DO
not sui: the present changed necessl.
ties is evidenced by existing wide
spread complaints in many states. |
J am no advocate of concessions t"t,
yroundIess complaints; such should
not be couutenanced History proves,
; however, that complaints wide-spre
Vi are generally We'll ioundtd aud tue
, cause Of ali reforms, being nothing
: less than the palpitatons uf expert
! ,eDce announcing To the government
the arrival OF those changed combiui
/ tions that demand suited legislation
9 Here there is great error DOR want
+ of observance Of the common law
/ principles alluded tu) in deuouncing
q complaints because there We're no
+ complaints ia the early days OF these
i charters Hal the charges in these
d charters been such as To sult the pres
!, ent times, they " uId not have suited
if the times for which they We're created
d The government has mech too long
r neglected railroad regulation. | am
), sustained Ivy the history Of every ma
l. ton Of the past III saying when the
II first deep, earnest complaints coutin
i uing To increase arose from this PEG,
n pie us to railroad injustice The govern
st ment, the pledged agent Of the people
5. was bound by the most sacred ties TO
Is interpose, investigate and continue
i Its already commenced work, and re,
Is wise and regulate railroad charges
s. and determinations rs dictated by Jus
ID tice to all For as the first couple
o in a mathematical series prelndicdte,
re and vouches for the the sequence .
n the second and other couplets Of tn
IS. series, so adjustment OF charges il
" railroad charters (fouuded upon com
e. mon law principles, which are p Q
to gressive, Joy government at their ere a
of ton vouches for and pledges to ii
ly people readjustment OF these churg,
to with equity to all. have, m
ers reader, passed over some OF til
mt grounds Of opposers Of state coutro
&c in my bnugliug way, and am sti
ed more convinced if possible, that the
er, arguments are failure, and will re
he main so until ii is shown that railrot
Of corporations are neither puhlic ca
red riers nor public funclionares Of al
W. kind, and we might say out Of ii
ads state, for am unable To see how
hat corporation or amy other body can
mi in a state privileged with right
out way for public purposes, doing bu
as ness for the public as much so us III
ow other public servants, and not
Of subject to its regulation. Compe
,ast ton having really master in pow,
at full combinations which promises to
full more so in the future without
ton change, and the courts not heing E
owe powered to modify or adjust chars
all if too high or too low, the law maxi
rail and amending puwer of the COVE
in ment can alone directly or throt
,on~ authorized commissioners suit adjr
rine ments to changed requirements i
rity needs of the country. Legisat
its and jurisls admit That there is SUI
all thing wrong by entertaining plaIu
The effect remedy, Let the courts S
says aud consider before they become
ROAD islative (md therefore usurpers)
4 il shu.v 1--WE admitting here for M