The state journal. [volume] (Harrisburg, Pa.) 1883-1885, 1885-01-10


highest aud most sacred expression Of
their VIII. Neither can there he
any pretense made that the people have
at all changed their minds upon the subject
or that they no longer desire their will In
this regard to be enforced, or that the evils
intended TO be corrected have ceased to ex.
list. The wrongs of railroad discrimination
ana the free pass abuse are as actual and
glar1ng today as they were when the Con
stitution was adopted. The people are as
deeply In earnest In desiring the prevention
ana punishment of those wrongs as they
ever were, aud the justice and reasona ole
ness OF the provisions of the 18th article are
more clear and undoubted than they have
ever been. Recent Investigations have
disclosed in the single matter of the COAL
carrying trade how widespread, arbitrary,
defiant, oppressive and uni uSt to the people
OF the state have been the Determinations
made by railroad corporations. do not re-
gard 1t as at all necessary to adduce facts to
prove that Determinations against certain
persons and places, and in favor of others.
are being con unually made or that
the people of this State in an unusual
degree have suffered therefrom, even in
some instances to the almost complete alien
alton of the benefits of some Industries.
These facts are so well known as to need no
demonstration, and have been repeatedly
laid before the public and the Legislature.
Pennsylvania has been chief sufferer from
these njurieS. Knowing this, the people in
the exercise of their sovereign right DELHI
erately inserted in their fundamental law
provisions restraining corporations from
continuing the injustice, and commended
their representatives, under the solemn
obligation OF an oath, to enforce these
provisions. These regulations have their
sanction in abstract justice, and in pIinci-
Piles OF law that are now craven tneffacea-
bly, in our Jurisprudence. They require
corporations to treat all men fairly, impair
TALLY and justly, to avoid ext ortion, to COM
nit no corruption, and to confine their ac-
tivities to the business tor which they were
created. They assert Il tnvulnerable doc.
trine that railroads are public highways,
that the corporations held their franchises
IS 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 control their business and tolls
Is a sovereign power that the Legislature
cannot grant or barter away. These princi-
pies are every day becoming more and
more imbedded In the law, and are receiy-
ing the sanction of judicial tribunals when.
ever brought before them for decision.
They are no longer disputable questions,
but In the contest between the power of
monopoly and the people they have been
settled, as all foreSaw they must ultimately
be settled, In favor of the people, and they
have now the automatic force of the princi.
plies of the bill of rights.
What excuse can be made then for the per.
sistent and unlawful refusal of the Legisa.
ture to enforce these principles as expressed
in the Constitution Until the last session
there had not been eveE'an attempt to give
due affect to the law, and the sincere effort
then made by some to bring the railroads
to Justice was defeated by an abortive
and hooking statute that could scarcely
have been more favorable to the corpora
tons and inimical to the people had 1t been
expressly intended to defeat the enforce
ment of the Constitution. Under pretenoe
OF Furnishing discrimination, 1t introduced
descriptions and conditions into the defini.
ton of the offence that made it almost i'm
possible for any action to be brought under
the statute. Such conditions are not con-
tanned in the 1Ttharticle of the Constitution,
ho I lot hal fcrhf 10 fnfa
late them In any act intended to carry that
instrument into effect, Under the act of
1885, discrimination, to be act1Onable must
be for like services under similar cfrcum.
stances, upon like conditions, aud in trans
pOrtation from the same place; and, unless,
all these conditions exist, no remedy or
punishment is provided. How vain and
hooking is such an enactment, and how
rarely, If ever, could such identity of facts
exist as to support this statute. The Con-
stitution requires no such similarity and
conditions and identity of place, to CON
stitute discrimination; and to IN
corporate these into the law is worse
than no legislation at all, and 1t Is q
sort of legislative construction OF the Con-
stitution that such conditions arc requisite.
All that is necessary to be done Is 10 en-
force tho Nth article Is TO enact penalties
for q violation of tho provisions OF the Sd
auire publication by the roads Oftheir rates
of freight, by posting or otherwise. The
sections referred TO are, believe. sufll-
GENTLY eXpllxit to serve tho purposes of a
statute; but certainly any changes in them
should not be by Incorporating into them
conditions that rob them of all their vitality.
Let at least trial be made OF an enactment
otthc clear letter of tho Constitution, and
provide adequate remedies for q violation
thereof, that 1t may be ascertained whether
the people are able to enforce their supreme
viii through the medium of their courts OF
Justice. All legislation on this subject
should also provide for the publication of
freight rates and tolls, as otherwise unlaw-
full charges will be difficult of proof.
public corporations should not
transact their business publicly. 1t Is al.
ways suspicious omen when the executors
of Il trust want to keep their actions secret
from the lawful Deneficilrie6 of the trust
The act of 1888 Is defective and unavailing
also in not making any provisions respect
Ing the consolation of parallel or of CON-
peting corporations, or against common
carriers engaging in mining, manufacturing
or other business than common carrying, or
against the issuing OF free passes by
are prohibited by the 18th article,
and are openly carried on to-day !;
yet the Legislature has studiOusly and per.
sistently refused to enforce the organic law
Moreover, am perfectly clear that provid-
ing merely civil remedies against the COM
paneS for violating the law will be inef-
fectuaI in its enforcement. What Is needed
is the making such violations criminal
otfense, punishable by the fine and impris.
Onment of the officers and employees know
ingly committing the criminal act, as well
as giving q remedy in damages to
the party aggrieved and also sub
jecting the corporation to investIga-
ton of It's business, and, If necessary. for =
fixture OF It's franchises. The processes OF
the civil courts are too slow and expensive
to be effective for the individual in enfOrC-
ing them against the power and wealth of
vast corporations. But If the wrong to the
public and against the supreme law be made
a criminal offence. and fhp nOWAF of tho
Commonwealth be eXertcd in enforcing pun
ishment, there will be more reasonable
ing retrbutive justice. 1t is a mistake to re-
gard the evils OF such corporate wrongs as
Indifferent or trifllng. They are of the most
serious character. They veX and harass the
individual citizen in his business and estate
they Cypress large sections, masses and en-
terprises; they build up one man and one
locality at the expense of others; they med
die with the natural development of trade,
and they levy impOverishing tribute upon
the farmers, artisans and consumers of one
community in favor of those of another.
Every day the enterprise of the independ-
ent press is disclosing the oHOrmity of these
abuses. l therefore urge tho General AS.
sembly in the strongest manner to give
efficacy to the organic law, IN obedience to
the dictates of justice, and according to
their sworn obligation, by the prompt pas
sage of an adequate law enforcing the 18th
article Of the Constitution.
CivI1 Service RefOrm-Every Unit ppoint
ment Robbery of the People.
/ recommend the passage of a civil service
Jaw regulating appOin tments in the various
departments of the State Government. The
doctrine which for want of q better nan G
Is called Civil Service Reform" is the
sound principle upon which the affairs OF
the people should be conducted. Noamount
of sneering at the ad COATES OF such policy
can lessen the force and justice OF the argu-
ment tnat the servants Of the people shOusd
be selected for the same reasons of compe-
tency, honesty and fitness that apply in
private business. Heads of Departments
ces under them as a personal Gppendage to
be used in rewarding political friends and
adherents to the detrimeHt of the public
service, Every unit appointments made
Is robbery OF the public. The people are
entitled to the highest ability and best SER
vice communicable by open competition for
the compensation given. A public officer in
MTG oh tEnsfna for. tho lnl,hlin OF !,