Semi-weekly south Kentuckian., 1888-03-02
Railroad Legislation.


tION. DuChHGI . NtlO VI lHG Dlll
consolidate the various charters u
der which the Kentucky Midland h
gradually come into existence, cal
anew public attention to the extrao
dinary privileges contained in nun
Der of old characters, many of whiC
still unused, can be had by purchai
from the incorporatOrs.
The history of our railroad legislf
tion, even for the past two decades,
not creditable 10 the sagacity or
the intelligence of our people.
We begin by giving to men, VIII
say they wish to invest money in rail
road building, all the privileges they
ask. We exempt them from taxation
we authorize them instead to tax Ger
tain communities for their own bene
fit; we give them the right to regu
late their affairs Independent of legal
restrictions.
The excuse for this is that we wish
to encourage the building of rail-
roads.
At the same time, and running al
most on parallel pages ofour legisla-
tive journals are found bills to regu-
late all railroads ; to encroach on their
charters; to fix their rates; to control
even their mechanical departments
and to put in charge ofothifissoners
lntri9ahsL Be free from any bias in
favor of or acquaintance with the rail
roads.
The excuse is that these corpora
uons are abusing their privileges.
For ten years the Courier-Journal
has called attention to the folly of
such contradictory legislation. The
evils we complain of should be cor
rected in the original charters. In
the early days of railroad building,
when capital was scarce and the re-
suits uncertain, there may have been
some excuse for endowing these cor
porations with extraordinary powers
and privileges. The time has now
come for more careful revision of
all such legislation.
. Capital is abundant and il is eager
ly seeking Investment III all profitable
enterprises. Charters should give
such investors ample security for
their capital they should protect this
capital by all ordinary safeguards
within the limits of justice to all con
cerned, these railroad charters shoult
be generous, but not reckless, and tn
corporations should be required t.
define clearly their lines and thei
purposes, and to furnish guarantee
of good faith They should be hell
10 a strict construction of all thes
grants, and be forced to surrende
their charters when they fail to COR
ply with their provisions.
tI;s To do,,o tlo,o
necessity for the so-called "anti.rail
road legislation" Our laws on tn
statute books, which have fall
en- into "innocuous desuetude
are sufficient, if enforced, to restrai
the cupidity and the greed of corpo
rate power The trouble is, tina
every man with a grievance, real o
imaginary, hurries to Frankfort wit
a bill to "regulate railroads." thu
meeting special legislation on on
side with special legislation on tn
other, instead of standing on hi
rights and appealing to the courts 70
protection.
In reply it is said the cours
of justice is slow and uncertain
but in truth 1t is not so much justic
as special privileges the complainant
want. The law will not secur
these but il will compel the railroad
TO do justice between man and man
When an entire community !
wronged or oppressed it has tw,
courses open to it; either to invok
the power of the courts or to built
another railroad, thus extending tn,
benefits of competition.
The common law and the statut
law compel equal treatment from
common carriers to all shippers. Tn
restraining power of these laws /
unknown, because the shippers, VIII,
have most complaints to make, ar
those who usually want special rate
or rebates, or other advantages whicl
will enable them to extend their bus
mess into new territory, and this re
quires not new laws, but new rail
roads.
The worst effect of the Interstat,
Commerce law is that IL weaken
public confidence in the ordinar,
courts of justice, and strengthens the
pernicious idea that every abuse
must be met by some special enact
EeDL
This special legislation will of IT,
sel1 develop more abuses of a serioul
character and lead to other peculiar
Nmedies thus the evil of such legis
lalion, of over-legislation, of crude
ilEdigested, experimental Legislation
gtows from bad to worse, imposing
oh our system of government labori
Il was never meant to perform.
The remedy lies in the other direc
tion I'm the simpliflcation rather than
In the multiplication of our laws. II
Justice is slow and uncertain, prunt
away here and there the distractions
open wide the courts, and invite all
to come who can come with clean
hands. If the private citizens feels
that he is not strong enough to meet
the great corporations in the courts
let him make his appeal to the State
and let the State make his cause her
own.
In this direction lies the true path
10 reform. If the State will grant
only carefully guarded charters; If II
will provide in all corporations for
the representation of the minority
stockholders in the boards of di-
rectors; If IL will hold by gen.
eral laws the railroads to the
rigid performance of the public
& obligations they have assumed, II
would be plain in little while to