Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-02-19
TO CONTROL RAILROADS.
A lively Controversy Before the Hous'
Judiciary Committee.

Judiciary Committee.
The Judiciary Committee of the House
of Delegates had under consideration last
night Mr.. Gilkeson's bill (No. 73) to pre-
vent unjust determinations in the rates to
1e charged by transportation companies for
be transportation of freights or passen-
-ers, making the companies liable to line
II lot more than $4,000, if they discrimi
, ate in any ones favor, as regards freight
aits, etc, or allow any rebate, drawback
/ Il other advantage, in any form, upon ship
,Dt nts made or services rendered, or receive
ally greater compensation for shorter dis
tante tran is charged by it for travel or the
transportation Of property of like kind for
longer distance, which includes the
shorter.
Col. Ben Wilson, who said he spoke on the
part of the people, appeared before the com
mittee and combstted Mr.. st. Clair, who
appeared on the part of the railroads. Mr..
Wilson spoke for his substitute for Mr.. Gil
keson's bill, and stated that the only differ.
ence between the two is that his substitute
provides the machinery by which any in
fripgement of the law shall be indicated.
The material features of the Wilson sub
stitute as distinct from the Gilkeson bill are
that the party injured may recover
sum equal to, three times the
amount of the damages so sustained
ov suit in the circuit court of any
county, or where the whole sum does moi
exceed three hundred dollars, before any
Justice of the Peace, where the trausporta
ZION company causing such damage can be
found or may have an agent, office, or place
Of business; and also provides that any cir
cult court having jurisdiction over the trans
porration company, or the Judge thereof In
vacation, upon application Of any person or
persons, firms, railroads, or other corpora
ions or associations, alleging undue and
unjust discrimination against a person IN
violation of the provisions of this act, to is
.ue writs of mRndamus against
,uch person commanding such
person to move and transport
height or to furnish facilities for transpor.
alton for the party applying for the writ,
upon such terms and in such manner as
shall seem just and proper to the Court in
order to prevent any undue or unjust dis.
elimination against the relator.. Provided
that no writ or peremptory msndauus shall
l. sue under this act until the relator shall
have given security, in such sum as shall be
usmed BY the Court, to pay the defendant
be proper and legal charges for the ser
vices required to be performed by the writ
tiOresaid.
And any transportation company violat-
ing any Of the provisions of this act shall be
,uhleci to indictment in any county where
It has an agent, and upon conviction shall
De fined not less than 800 nor more than
1900. And any director or officer who shall
wilfully permit any act to be done which is
forbidden by this act, or who shall wilfully
tail to perform any act which this act re
quires to be done, shall be guilty Of a mis-
dsmeanor and subject to a fine OF not less
than $50 nor more than 800.
Col. Wilson's substitute also requires that
the rates Of freight shall be conspicuously'
posted in each railroad depot and q copy
deposited with the clerk of the Circuit
Court Of every county through which the
railroad is operated.
Mr.. st. Clair made a ringing speech
against the passage of either bill or substi
tute. He designated the bill as an Inter
State Commerce Bill" and said the
Legislature would, in passing it, be passing
law that should apply to the whole couu-
try, and which would prevent US shipping
over the Chesapeake 4 Ohio road on &C,
count Of the difference in charges made by
this bin unfayorable to the road. Mr.. st
Clair said the G. & o. charges I cents per
ton per mile Tor coal while the Pennsylvania
Central charges cents, and that under
the bills provisions no distinction could be
made between freight in bulk and freight
in parcel.
Mr. st. Clair presented 10 the committee
the protest OF the coal operators at Charles
lon against the passage of the bill, in which
it was sverred that its passage would de-
stroy the coal trade and prove destructive
to The development of the country.
Mr.. st. Clair was allowed twenty minutes
in which to present his case, after which
Col Wilson argued for his substitute,
Mr.. Gilkeson moved that the matter be
referred to q subcommittee. The motion
was adopted and Judge Raymond, as chair
man, appointed Messrs MeWhorter aud
| Gilkeson, besides himself as a subcomm nit.
tee OF three to further consider the matter
The committee room was hot and crowd
ed with an interested audience. Asprink-
ling of Senators was present and Governor
elect Wilson was observed in the back
ground.