The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-12-25
Railroads In Most ylrs4nln.

Tho lSrELLtGESCEe leln leCclpt VI IL
communication, mot for publication
from n woll-rcad lawyer Of this State
touching tho recent railroad decision OF
tho Supreme Court OF Appeals. $50 fur
rs ! know" writes this gentleman, "the
opinion OF lawyers is against tho now doc
trino as declared in this decision, that n
charter is q license and no a contract.
They cling to tho wc~ll-establisled doc
trinc Of the courts-cspccially OF the Su-
preme Court OF the United States in the
Dartmouth College case-that n charter
granted by 4 Legislature to a corporation
and accepted in good faith by the corpo-
ration becomes q contract between the
State and the corporation, and is not there
fore rcvocable at tho will OF the Legisla-
turc."
The ISTELLlGEScEn isnotin possession OF
tho full opinion, nor have newspapers the
lawyers fondness for s%plittinshairs i'll the
discussion OF public questions. Tho main
punt VI liz ucClsiOl scch1VN ~ pC VIZ
general right Of tho Legislature to regu-
late tho charges OF common curriers'. 1t
seemed to US that in this the court was
animated by, a right spirit, and that its
stand was on the side OF tho people rs
against the aggressive tyranny OF great
corporations. If The court has gone fur
ther than it ought that is unfortunate in
q State whose greatest need is now,
and for a long time to come will be, rail-
roads to market it rich resources.
With a clear way to market at reasonable
rates, and the country in n fairly prosper
GUS condition, West Virginia will become
a~populous and wealthy State;
With Difference to the opinion OF
our lawyer friend, it may be suggested
that whether OH the point Of the charter
tho Supreme Court is right or wrong, the
Legislature is ut the bottom Of tho ruling.
1t was an net Of Legislature which raised
tho question. Tho Legislature assumed to
do II certain thing, which after ten years
the Supreme Court says it had n right 10
do. II the Legislature had not acted in
the premises there. would have been no
question Of this kind to determine. This
reflection leads to the suggestion that it is
for tho people Of West Virginia, through
their chosen representatives, to declare
tho policy which they wish TO pursue
towards railroads.
1t is in the power OF tho people, by the
selection Of the right kind OF Legislators
and by the pressure OF a strong public sen.
timcnt, TO insure such legislation as will DO
Just to tho public and mt the same time
give tho railroads assurance Of protection.
West Virginia wants railroads and must
have them, and the world must DO con-
WINGED that VIC mean to give tho railroads
fair play after we get them. West Vir-
ginia can afford to deal not only fairly but
generously in a matter Of SO much mo-
ment to her.
The trouble heretofore has been that to
got capital to invest at all, large grants OF
privilege have had to DO made. This is no
longer necessary in the extreme sense in
which it was necessary in the case, form
stance, of the Baltimore 4 Ohio railroad
andthat OF tho Chesapeake & Ohio railroad.
Railroading as q business is no longer an
experiment, but under proper manage.
ment is generally successful financially.
Much OF tho bitterness %ensendered against
railroads has been in the early stages OF
their evolution and from the ineSperience
OF officers, md sometimes by reason Of
bad management. But as modern improve
ments have been introduced into the man.
agcmcnt tho causes OF complaint arc bo-
coming fewer and less serious.
Ono OF tho best remedies is competition,
and to secure this West Virginia must
show that she Is on the, side Of her own
progress. II Legislatures or Courts OBJ.
struct, tho people must rcbuke them at
the ballot.box. Ii in the present case the
Supreme Court has gone WRONG, or il its
decision is hurtful, the Legislature at its
coming meeting can remedy the wrong,
and put tho State where she ought to
stand before the world. The Court says
that tile Legislature has this power.
The IS1gLL.oEScER will be glad to give
place TO views on this topic, SO that the
Legislature may lave the benGGt OF q free
interchange Of opinion on n subject which
interests every soul in the State.