Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-07
Of the country, and. in addition there.
to, during the depressing times Just

were dug up demanding transportation
to the markets. So he and his people
were every day in contact with TINS
great subject, and he desired properly
TO represent them. These interests are
not in fact antagonistic, but are mu-
tually dependent one upon the other,
and neither can now well exist without
the other.
The power Of the Legislature to con-
troll railroads and their tariffs has been
placed, especially by the member from
Alexandra, upon the ground that the
State has impaired to railroads a part
Of its sovereignty that the charging
Of freights is an act Of sovereignty.
This is not so. 'Tis true that the State
has created these corporations has
given life to creatures that had no ex-
istence before. This is the case with
all corporations, and no more so
with railroads than with all other
corporations and the creator has a
right to control its creature, and for
this reason this Legislature can control.
and ought to control, the acts and do
ings Of railroads. At the same time
this body ought to remember that it is
as much its duty to foster and nourish
its creature as it is to control it. Life
has been given to them by the State.
Let not the State throttle and destroy
that life in the attempt to control and
restrain. Gentlemen on the floor had
spoken as if there had been no laws
enacted in this State to restrain rail-
roads from wroDg-doing.
Look at the statute-books. Certain
ly as far back as 1866 laws we're passed
against charging a greater sum for car
rying freight or passengers over part
Of its line than over its whole line
against any undue or unreasonable
preference or advantage TO or in favor
Of any person or company, or any de-
scription Of traffic; and against any
unreasonable prejudice or disadvantage
to any person, or to any descrip-
ton Of traffic, and giving the mode Of
redress. This did not seem TO be ade-
quate. So by an act approved March
81, 1873, the Legislature enumerated
in detail various and sundry restric-
tions in regard to the very matters
complained OF by the patrons Of this
bill. and on account Of which the great
public outcry had been made against
railroads. and gave authority to all
persons to get injunctions against any
company offending, and subjected such
company to fine of $500 for the first
offence, and Of $1,000 for each sue
ceeding violation, to be recovered upon
motion after ten days notice. This
law covered nearly every charge that
has been made against railroads about
determinations for or against ind-
viduals. for or against localities, for or
against longer or shorter distances OF
transportation, and imposed these heavy
penalties. Have the railroads Of the
State been living in violation Of these
laws? No man in this House can re-
fer to a single instance in which a rail-
road has been prosecuted for a VIOLA
tion Of the law, and this notwithstand-
ing every chamber Of commerce in every
city Of the State, every tobacco ex-
change, every commission merchant,
every grange in every county Of the
State, have been on the qJu cire on this
subject Of cheap rates and local charges
for transportation. Why. if these COM
panies have been such sinners-open
yiolators Of the law-haye none Of these
PEOPLE and no individual been found TO
make a charge against them: II any
man or any set OF men, or any COM
munity or any trade, or any business,
had been materially injured y, he non
compliance OF the railroads with this
law. wouldn't somebody have been
found TO make charge. inaugurate a
prosecution, the expense Of which
would have been borne by the Common
wealth: There is plenty oflaw on these
questions. The difficulty is not in the
law. Perhaps the penalty affixed is
too severe. 1t is not in the severity Of
the penalty, but in the certainty Of its
inhiction there is found the greatest re-
straint for ong.doing.
The bill now under discussion gives
10 remedy to the individual that is in
jured to recover back any wrongful
charge or get damages for any injury
done TO trade or business. This would
be some relief to the people who are
wToDged but it aims. by establishing a
cumbrous system, to punish instead Of
causing restitution.
There are evils existing in the manage
ment Of railroads in the State that
need correction, that need the interpo-
sItion Of this body to change
for instance, as the failure to make
connecting schedules at intersections,
and the interchange and proper division
Of charges between roads. No one de-
siIes TO be compelled TO 90 himself or
to send freight by way Of Petersburg
10 get to Lynchburg because the Rich
moud and Danyilie will not connect with
the Norfolk and Western at Burkeyille.
And here the speaker. though no; wish
ing then to discuss the 18th section,
showed that the attempt to compel the
roads 10 charge tle same freight per
mile 10 Lynchburg for instance as 10
Scottsville would re,ult, not in any al
vantage to Scottsyiile, but in higher
rate to Lynchburg. not only TO the disad-
vantage Of Lynchburg, but to that OF
all the farming and shiIoing communi-
ties west Of Lynchburg dtsiring to send
their traffic TO Richmond. 1t wouldn't
help the shortest-distance people any,
but would merely increase the bur
thens OF those who live beyond.
He further showed thai there was
enough FOR a commission 70 10 TO cor
rect evils and get proper management
Of railroads. and proceeded Il discuss
the very many and onerous duies i'm
posed upon the commission by tie bill
reported by the committee-the eyami-
nation into all the affairs and business
Of all the railroads Of the Common
wealth: the inspection of all their
tracks, road-beds. equipments. depjIs. !
bridges, &C., to see that they were SUI
ficient and proper for the traffic Of the
roads and the accommodation Of the
public. These were sufficient not oa.y
to call for a commission. but also 70