The Hazel Green herald., 1888-03-02
Railroad Legislation.

| COurier-JOurnal, FEB. ~, 1888.
Gov. Buckner's veto of the bill to con
solidate the various charters under whicl
the Kentucky Midland has gradually
come into existence, calls anew pubi,
attention 10 the extraordinary privilege,
contained in number of old charters
many of which, still unused, can be haC
by purchase from the incorporators.
The history of our railroad legislation
even for the past two decades, is not
creditable go the sagacity or 10 the intel
ligcnce of our people.
We begin by giving to mon, who say
they wish to invest money in railroad
building, all the privileges they ask. We
exempt them from taxation; we author
! i2e them instead to tax certain cOmmu.
mites for their own benefit we give
them the right to regulate their affair,
independent of legal restrictions.
The excuse for this is that we wish to
encourage the building of railroads.
At the same time, and running almost
on parallel pages of our legislative jour
| nails are found bills to regulate all rail
roads; to encroaCh on their charters; to
| fix their rates; 70 control even their me-
lhitlllN GNU W I'uN III Nih'll
| of this vast and intricate machinery
commissioners who must be free from
any bias in favor Of or acquaintance
with the railroads
The excuse is that these corporations
are abusing their privileges.
For ten years the Cuuricr-Journal has
called attention to the folly Of such con-
Trajectory legislation. The evils we com
plain Of should be corrected in the orig
inal charters. In the early days of
railroad building, when capital was scarce
and the results uncertain, there may
have been some excuse for endOwing
these corporations with extraordinary
powers and privileges. The time has
come for more carful revision of MI
such legislation.
Capital is abundant and it Is eagerly
seeking Investment in all profitable en-
terpriscs. Charters should give such in
ycstor, ample security for the capital by
all ordinary safeguards; within The limits
Of justice to all concerned, these railroad
charters should be generous, but not
reckless, and the corporations should be
required to define clearly their lines and
their purposes. and tofurnish guarantees
of good faith. They should ~ held to
a strict construction of all these grants,
and be forced 10 Surrender their charters
when they fail to comply with ;hcir pro-
visions,
If this is done, there will be no ncgcs.
sity for the SO called anti-rairuad icgiS-
tion. Cur laws on the statute books,
which have fallen into "inuocuous DIES
uctudc" are sufficient, if enforced, to
restrain the cupidjty and the greed Of
corporate power. The trouble is, that
every man with grievance, real or i'm
aginay, hurrics 10 Frankfort with bill
to regulate railroads. - thus meeting
special legislation on one side with special
legislation ON the other, instead of stand
ing on his rights and appealing to the
courts for protection.
In reply it is said the course Of Justice
is slow and uncertain, but in truth it is
not so much Justice as special privileges
the complainauts want. The law will
not secure these but it will compel the
railroads to do Justice between man and
man.
When anentirc community is wronged
or oppressed it has two courses open to
it either to invoke the power of che
courts, or to build another railroad thus
extending the benefits OF competition.
The common law and the statute ktw
compel equal treatment FROM common
carriers to all shippers. The restraining
power of these laws is unknown, because
the shippers who have most complaint
to make, are those who usually want
special rates or rebates, or other advan.
tagcs which will enable them TO extend
their business into new territory, and
this requires not new laws, but new
railroads.
The worst effect of the Interstate Com.
mcrce law is that it weakcns public con
tidence in the ordinary cousts of Justice,
and strengthens the pCruicious idea that
every abuse must be met by some special
enactment
This special legislation win of itself
develop more abuses Of serious charac-
ter and lead to other pecular remedies /;
thus the evil of such legislation, of over
legislation, OF crude, ill-digcSted, expert
mental legislation grows from bad to
worse, imposing on our system of gov
ernment labors IT was never meant to
perform.
TIE remedy lies in the other direction;
in the smpifcation rather than in the
multiplication Of our laws. II Justice
is slow and uncertain, prime sway here
and there the distractions; open wide
the courts, and invite all to come who
can come with clean hands. II the pri-
voto citiZpnE tpa!- huf Ne IL not StrnnU