Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-05

the prosperity OIL our farmers anu Pro-
ducers. lie regretted that the railroads
had not seen fit to meet the friends Of this
measure in spirit Of compromise. He
predicted that If this bill and section
was defeated a much more stringent
law would be sought to be passed by
some succeeding General Assembly;
that the people are each day becoming
more and more determined. He ex-
planned the operations and details Of this
section; said the great objection to it
by the railroad authorities and their
friends was that it would accomplish
what it was intended to accomplish
namely, to prevent unjust discrimina-
tions. The bill without the 18th sec
tion was comparatively Of little value.
The laws already in existence were as
effective as the provisions proposed in
this bill.
Mr.. Munford urged the friends Of
the section to stand firm. If defeated
in this contest the day would certainly
come when victory would crown their
efforts. Deeply appreciatiug the
far-reaching Importance of this bill,
and profoundly sensible Of its benef-
cent consequences to the public, |
submit it to the patriotism and states
manship Of the representatives of the
people upon this fOor.'
Mr.. Munford spoke with great earn
estness, and was during the delivery
Of his speech accorded the undivided
attention of the House.
THE WHOLE OR NOTHING.
Mr.. Munford earnestly insisted that
it was needless to pass this bill with
the 18th section omitted. The present
Railroad Commissioner has about all
the powers that the Board would have
under the new law, with the old 18th
section out. 1t was his idea. there
fore, that if the House shall reject the
old 18Th section, it had Just as well
dismiss the bill. lie addressed himself,
too, to the view that the 18th section,
if adopted, would kill all railroad en-
terprise. He repelled the idea, and
claimed that the experience Of Georgia
was quite the opposite Of that.
First Mr.. A. Fulkerson and then Mr..
StaIke interrupted Mr.. Munford to ask
explanations Of him as to what he re-
garded as determinations" Both of
these gentlemen took issue with Mr..
Munford in his views on this and other
points.
VARIOUS DETERMINATIONS.
Mr.. Dabney said there were several
classes of Observation-Disclosures and
drawbacks; discrimination in favor Of
certain classes of goods, and in regard
TO localities. These are the chief COM
plants that can be made. A reference to
thclawS will show hatprovisionhas been
made to correct some Of these evils
but there has been failure OF the law
to provide against determinations as TO
localities. And it is true that the party
aggrieved, in most instances, does not
feel able to cope with the railroads in a
contention over such matter. The law
does not 90 far enough towards protect
ing determinations against localities,
and it does rot afford a practicable reme-
dy TO the injured party for protection
from these evils. But is this 18th section
constitutional VIII it do; With all
respect to those who differed from him,
he thought not. lie doubted if the Le-
gislature could remit to this Board the
uial of questions which under our Con-
,titution belong to another department
. + the goverument-the courts. IL
vas also in violation Of the fourteenth
mendment. 1t did not give the rail-
DAD companies " the equal protection
+ the laws" with all other citizens Of
he Commonwealth. The United States
Supreme Court has nof gone the length
some gentlemen suppose in the Missis-
sipp case. This Board may reduce rates
practically to nothing and they will there
by rob the railroad of rights and property
guaranteed by the Constitution. The
Supreme Court gave Mississippi no
power Of cOnfsoation. And, further
more. in Mississippi the final adjudica-
tion of the questions of rates at issue
was left with the courts. There is a
marked difference between the Missis-
sippi law and this proposed one in that.
Mr.. Munford said he would incOrpo-
rate that provision in his amendment. |
Mr.. Dabney answered that certainly !
something of that kind should 90 in.
If it should be the pleasure Of the |
House to reject the 18th section, he |
should offer one that would be as eff
fectiye, he hoped. and not be liable to
the objections he had urged against ,
this.
THE 18th SECTION CHANGED.
Mr.. Muniord, 10 meet the point pre-
sented by Mr.. Dabney. changed his old !
13th Section to read as follows;
IL. Bu, any such adjudication shall de-
eide that the rates charged by any such c"r~ !
pofation for the transportation "t any
freight or passengers between TWO points |
upon It's lire IN the Stale are uDJUsll IL
scrimina ing as compared with Us rates for |
q Ike class of fre ghts OF passengers between
other points IN tine state. then lhe snld
l;oard shall further ascertain ana nN what |
would be lust and reasonable rates 10 be |
CHARGED for the transportation ot such |
neight or passengers between Tile points a. |
TO which the discrimination IS decided 10 |
exist and II after lie lapse OF Ten DAYS from |
the date OF such adjudication and notice 10 |
The railroad guilty OF such discriminating II |
the rate liked by the Board such corpora |
tion shall charge greater rate between |
such points than that 50 liked and |
for such passengers and |
frelghis then 10 shall be guilty OF |
a misdemeanor. and fined not less |
charge IN excess OF the rate So fixed, and |
such offence shall be cOgniZabie and pre-. |
sentiment or indictment therefor found |
either in the county or corporation from |
neight NAV have been transported. And |
upon the trial ofany indictment or present.
ment found upon such adjudication the |
question Of such unius discrimination sha'l
he tlied and determined n" moro. And the
president OF said Board shall on application
OF any Justice, CommOnwealth's attorney
or court OF the Commonwealth. furnish
certificate of any rates so liked and ascer-
tanned by the Board. and his certificate OF
the same signed by him. shall be- evidence
of the facts therein stated without proof OF
his handwriting.
II ANY LEGISLATION, WHAT!
Mr.. Downing said that his people
were divided on this question, and it
was one that should address itself not
to the passions and prejudice but to
the calm judgment Of this House. lie
wished to do what would most benefit
the dear old Commonwealth of Vir-
ginia. lie would, therefore, consider
If any legislation is needed, and if any,