The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-12-15
RAILROAD CHARGES.
THE nlohr no nrou1ArE THEM
Inherent In tho State Legislature. In the
Face at the Previously Gsnntod Charter
Of tho Company Charters for Rail.
roads licenses, not Contracts.

Tic Supreme Conrtof Appeals on Satur.
day rendered a decision Of Importance to
various interests OF this State, as II In.
wolves tho right Of tho State Legislature
to regulate passenger and freight charges
on railroads whose charters, previously
granted, conflict with the provisions Of
tho rcgulationg net.
@ ORIGIN OF THE CASE.
Tho decision was made in tho case Of
tho Laurel Fork 4 Sand I'LL Railroad
company against the West Virginia Trans
portatiou company. Tho railroad COM
pany was granted Il special charter by the
Legislature in 1866. wllichpormitted 1t to
charge rs cents per barrel for tho trans
portatiOn OF oil. lnlST3 the Legislature
passed Il general net regulatingcharscs for
freight and passenger transportation on
MI roads which fixed Il maximum charge
lower than tho 5'cent rate OF tho special
charter. In the Circuit Court OF Wood
county the railroad company sued the
transportation company Tor transporting
oil n thc rate Of Is cents per barrel md the
court rendered judgment in favorof the
plaintiff OIL the ground that its charter
perinittcdit to make tho charge. Tic case
was appealed 10 the Supreme Court.
EFFECT OF THE DECISION.
The Supreme,C Court holds that the rail.
road company was not protected by Its
charter, which was not q contract, but q
mere privilege or license subject to an act
OF the Legislature which was constitu'
%tiona!; that the right Of any railroad com
pany to charge for transportation, nc
matter what Its charter may be, is abso
lutGly under the control OF the Legislature
and one Legislature cannot bind another
with respect to this subject, IL being agov,
ornamental power that u Legislature cannoi
barter away.
In the language OF the syllabus:
THE right to regulate and fix ut thci,
pleasure the chnrgesof railroad companies
for tho transportation Of freight and pas
scngers is ono OF the powers OF tho State
interest in every sovereignty, to be exer
ciscd by the Legislature at its plcasureiron
time to time, ndthereforc one Legislature
cannot, by 4 charter granted to u railroad
company, though it be for n valuable con
sideration, confer On such uilroad com
panv Il right 10 charge certain fixed rates
ior the transportation OF freight and pas
sengers, and Stipulate that this rate O
charge shall not be changed by future
Legislatures. And il that be done it vii
not be regarded rs u contract, but is il
legal effect nothin. more than n license tt
enjoy this privilege conferred on the cor
poration for the tine, subject to future
legislative or constitutional control"
TIE LAW OF rs BINDING on ALL ROADS.
The court further declares that Chapter
221 OF acts OF 1928, passed December 81
lS7S, entitled, AN net TO establish n reason
able maximum rate OF charges for thu
transportation OF passengers and freish'
and to prevent unjust determinations an,
eXtortlon in the rates 10 be charged by
different railroads in this State for thu
transportation Of passengers and freight!
on said railroads" is applicable to all rail
roads in this State, whether their charters
were granted before or since the passage
OF this act, and ii is binding OH all railroad
companies dom. business in this State
without regard to any provisions which
may have been inserted in their charters
The Legislature had 4 constitutional right
to pass this act, and no previous Lcsis'
lature had a right to so restrain or limit
the Legislature rs to take from it the right
to fix the maximum rates OF charges Of all
railroads in the State as it pleased. And
any provision in the charter Of 4 railroad
company purportingto restrain the Legis.
lature in this respect, cannot be regarded
asa contract, but must be regarded rs :
mere license revocable ut the pleasure o.
the Legislature.