The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1885-01-16

! "'' '' q"cstloh destroyed The compensate
d control previously given the city by Il
+ charters of the companies in return for q
/ privileges given the latter
, RAILROADS AND CANALS
e Concerning railroads and canals he saws
= Il an obliged again to direct the atier
e tlon OF the General Assembly, As | did
5 my message of the last session to the co,
; tiuued failure of the Iawmakinp power Z
O adequately carry into effect the provisions :
p, the 18th article Of the Constitution relatin
y to railroad and canals For some rea~o
; there has been an undoubted spirit Of no.
p. tli'y shown by the Legislature To the er
forcement of that section Of the fundamer
tai law ever since its adoption IN 1874
When it is considered that the section con
! tains tie explicit command that the Geprr
al Assembly shall enforce, by appropriate
legislation, the provisions Of this article
and that the members have sworn to obe,
The Con titution, there can be no proper de-
fence made for the default. The wisdom nj
the provisions of the article is not a uuestior
Tor the decision of the Legislature. Tbai
was determined when the people adopted
me Constitution, which is the highest and
most sacred expression of their will. Meth.
er can there be any pretense made that the
people have at all changed their minds upor
the subject, or that they no longer desire
I their will in this regard to be euforcaa or
that the evils intended to be corrected ha We
ceased TO exist. The wrongs of railroad
discrimination and the free pass abpse are
as actual and glaring to day as they were
"hen the Constitution was adopted. The
people are As deeply in earnest in Grsirin,
T Afrr,
wrongs as they ever were, and the Justice
ana reasoDabieness Of the provisions OF the
l'th article are more clear and undoubtad
than they have ever been. Recent investj-
cations nave disclosed in the single matter
OF the coal carrying trade how widespread
arbitrary, deaant, oppressive and unjust to
the people of the State have been the
DETERMINATIONS MADE By RAILROAD
CORPORATIONS.
L do not regard it as at all necessary to ad-
duce facts to prove that determinations
against certain persons and places. and In
favor Of Others, are being continually made.
or that the people of this State. in an uuusu-
al degree, have suffered :herefrom, even. in
some instaf ceS, to the almost complete allie
nation Of the benefits of some industries. -
These facts are so well-known as to need M
demonstration, and have been repeatedly
lald before the public and the Legislature
pennsylvania has been chief sufferer from I
THESE injuries Knowing this the people, in .
the exercise of their sovereign right, delib. 1
erately inserted in their fundamental law
provisions restraining corporations from
the injustice, and commanded
their representatives, under the solemn obIi-
CATION Of an oath, to enforce these proyis.
ions. These regulations have their sane
tion in abstract Justice, and i'm principIes of
law that are now graved ineffsceabIy in our
Jurisprudence. They require corporations
to treat all men fairly. impartIally and Just
y, to aveid extOrtien, to commit no corrup-
tion, and to confne their activities to the
business for which they were created. They
assert the invulnerable doctrine that raII-
roads are public highways; that the corpo
rations hold their franchises as trustees for
the public; that the primary purpose of
their creation was the public veal and that
the right of the people TO regulate and con-
troll their business and tolls is a sovereign
power that the Legislature cannot grant or
barter away. These principles are every
day becoming more and more imbedded ia
the law, and are receiving the sanction of
judicial tribunals whenever brought before
them for decision. They are no longer dis
putable questions, but in the contest be-
tween the power of monopoly and the peo-
pie they have been settled, as all foresay
they must ultimately be settled in favor of
the people, and they have now the automatic
force of t be principles Of the Bills of
Rights
What excuse can be made, then, for the
persistent and
UNLAWFUL REFUSAL OF THE LEGISLATURE
10 enforce these principles as expressed in
the Constitution i? Until the last session
there bad not been even an attempt to give
due effect to the law, and the sincere effort
then made by some to bring tne railroads to
Justice were defeated by an abOrtive and
mocking statute that could scarcely have
been more favorable to the corporations and
nimical 10 the people had il been expressly
intended to defeat the enforcement of the
Constitution. Under pretense OF publishing
it introduced descriptions
and conditions into the definition of the Of
fence that make it almost impossible for any
action to be brought under the statute
Such conditions are not contained in the 18th
article of the Constitution, and the Legis-
ature has no right to interpolate them in an
act intended to carry that instrument into
effect. Under the act Of 1888, diserimina-
lion to be sectional, must be for like ser
Yice, under similar circumstances upon like
and in transportation from the
same place; and, unless ali these conditions
sxist, no remedy or punishment is provided
How vain and mOcking is such an enact
nent, and how rarely if ever could such
IDENTIFY Of facts exist as to support this
statute. The Constitution requires no such
;imiarities and likness in circumstances. |
kind of service. conditions and identity of
place, to constitute discrimination; and to
incorporate these into laws is worse than no
legislation at all, as it is a sort of legislative
of the Constitution that such
are requisite. ALI that is neces-
'ary to be done to enforce the 18th article is
to exact penalties for violation of the pro.
visions of the Sd, 4th, 5th. 9th, 7th and sth
sections, and to require publication by the
'oads of their rates of freight, by posting or
otherwise. The sections referred are, be
ieve, sufficiently explicit to serve the puI-
pose of statute; but certainly any chan
yes Il ade in them should not be by incorpo-
ating into them conditions that rob them of
heir vitality. Let at least trial be made
II an enactment of the clear letter of the
constitution, and provide adequate RENE
lies for violation thereof, that it may be
Iscertained whether the people are able to
'nforce their supreme will through the me-
iium of their courts of justice. All legis-
alton on this subject should also provide for