Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-02-21

The debate soon after closed, and a vote
was taken on the amendment OF Mr.. Lucas
the result Of which is given in our regular
report.
RAILROAD TR ANsPORTAfIOS BILL.
Interview with Col. Ben. Wilson on the
Subject.
A REGISTER reporter, las. evening, sp'
preached Col Ben. Wilson, and asked him
if he had read the Intelliseneer editorial OF
yesterday upon the substitute to the Gilke-
con transportation bill, advocated By him
before the House Judiciary Committee,
The Colonel said he had.
Q.-Whst do you think of it?
A.-The criticism is harsh and unjust,
and the object of the substitute wholly pei
yerted and misstated.
Q.-How so?
A.-Because it is represented by the In
teligencer that It would be hurtful to both
the railroads in the State and 10 the State,
when in point of fact the very reverse is
true. The provisions of the substitute are
as mild as they can be made to be at ali
efficient
Q-What, in few words, is IT'S object
A.-To require railroad companies In
this State to transport freight within reason.
able time and for reasonable compensation.
1t might have gone further and embraced
the carrying Of passengers but this subject
is not embraced. There are certain re-
stIietions proposed and remedies given and
penalties prescribed for the sole purpose Of
securing the object stated. Ii the charges
Of railroad companies
FoG SERVICES RENDERED.
are reasonable and the services rendered
within reasonable time the companies will
not be affected by the passage Of the bill
If per contra the charges are unreasonable
and oppressive upon the people and the
services are not readered By the
Railroad Companies within rea-
sOnable time, then they will be
affected by its becoming law. In other
words if sUch charges are reasonable they
will be lawful, If unreasonable and oppres
sire they will be unlawful aud all compan
iss violating the law viii be responsible.
might add that the necessary mRchinery 10
carry the Law into ellegt is provided for.
Q--Is there any doubt about the author
ity of tie Legislaturet 10 pass such lsw2
A-Noue whatever. The power of our
State Legislature to regulate the lranspor
lslion Of property, in this State, by railroad
companies or other common Carriers, is
| as urquesIioGsble as the power Of Congress
10 regulate Interstate commerce. The
Coax; Of Appeals in this State has recently
RE.AFrIRNED THIS DOCTRINE.
The Legislative department representing
the sovereign power Of the State creates
these railroad companies by granting char.
tiers to them, or rather authorizes their Gre
alton by granting the charter, and then to
enable the companies to carry out the object
of their creation. delegates to them the
exercise of the night of eminent
domain: the right to condemn and appro-
pirate the land over which their road runs
against the consent Of the owner, by paying
to him just compensation. But this can
only be done Tor public, not private, pur
peses, for the public convenience-th pub
lie good. In fact, the promotion Of the gen
eraI welfare is the object. Now, after these
railroads have been clothed with this eX-
trsordinsTy power for public purposes, for
! the public good, it becomes the duty Of the
( Legislature-the representative Of the SOW
eseign power Of the State-to look after
them and see to 1t that they are exercising
their franchise for the public good, and not
: 20 the detriment Of the public interest
1t is one Of the highest
! ATTRIBUTES or SOVEREIGNTY
to take care that great corporations thus
created shall not abuse the power with
which the State has clothed them.
Q-Does the substitute propose to CONTROL
transportation beyond the limits OF this
State
Alt does not,
Q-6iye me your understanding Of its
chief provisions.
A.-As have already stated it requires
| That the charges for services rendered By
! railroad companies shaA be reasonable
These charges may be for carrying, receiv.
/ ing. delivering, storing or handling freight.
/ That greater amount shall not be charged
/ TO one person than to another for like and
eontemporapeous services so rendered.
That discrimination shall not be allowed,
aud that DO device by pooling rebates or
I elLutldf lhc'lOuo olhtl OS rCoofkCu W W w
feat this object Thar the transportation of
property shah be as far as can be b. one con-
linuOus carriage. That greater compensation
SHALL Sor rs CHARGED
for transporting land terminal services} a
similar amount and kind Of property for 4
shorter than longer distance, where the
shorter distance IS embraced in the Ionger
distance
But this provision only sppIies to ssinn-
liar amount and kind Of property so trans
ported and handled By the company. You
viii observe that It concedes to the railroad
eompanies the right 10 charge as much fol
caltyiDg ireights ten niles as one hundred
miles, as much for the short distance as the
longer distance, but that they shall nol
I cfaFRe pOoSe n the aggregate ibf earring
! q si'6rt distarce thnn 3 long distance. Thea
i ispfetidsd thst schedele mates shall be post
edso4kMl az people mAg kpoF tfat tie rates