Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-04-01

their own agents upon their own high
yays. 1t is true that the vultures vii
continue to swarm wherever the carcass
is, and the harpies OF the lobby will in
yade Richmond when the convention
meets, as when they raided the Legisla
ture. but the delegate elected upon the
railroad issue will be more Immediately
under the eye OF his constituents, and
will have the double motive OF fear AND
duty TO impel him to do what he was
elected to do.
We would put into the constitution tc
be made only such provisions upon thi:
subject the reasonableness and justice. OF
which are such as to remove them be-
yond the domain of discussion, such as
have repeatedly received the approval oil
the highest courts and legislatures of the
country, so that they now can be con-
sidered IS automatic. Such principles
ought not to be abandoned to buffet for
their existence amidst the political neces.
sites of parties, or to the Establishments
or threats of tho lobby. They concern
alike the taxpayer, whether he be Demo
crat or Republican. We would insert
l. That railroads are public property
highways-ma by the people, and to
be used only in the interest OF the peo-
pie.
II. That the managers and operators
OF railroads are but the agents or trus-
tees of the people-as the Governor,
Judge. or other officers OF the State-and
subject in their management OF the pub
| lie property intrusted to them to be con-
trolled by the people.
Upon these two propositions as foun-
dation is constructed the interstate COM
merce bill. This truth cannot be ques-
toned. To contreyert them is to con-
cede that legislature by granting a
charter to a railroad company has
empowered the corporation, through
exorbitant and discriminating rates, to
destroy one locality and build up an
other, to depreciate the lands and other
property in this State, and to inject
value into the lands and property in
other States, to enrich one man and to i'm
poyerish another IL such power is pos
sessed by these corporations, then they
are more absolute than the Gar of Rus
i H..
grant have bartered away along with the
property Of the people the liberties of
the people.
II the railroads are the common pro-
perty Of the people, then the rates should
be equal TO ali the people, and should he
such as to meet the expenses of the trust
Amongst these should be included the
] q v,eA- ~ nd n
mept, and reasonable salaries and wages
to the officers and employees Of the road.
Every charge in excess OF what is re-
CURED to reimburse the expenses of the
trust and to give reasonable compensa-
tion for the capital invested is Official de-
falcation just as much as the act OF the
cashier who puts the money OF his bank
into his pocket and skips TO Canada.
III. Tie absolute separation Of the
business Of a common carrier from any
other kind Of business, and q reStric-
ton upon tie right Of all corporations
to own lands ercept for the purposes o.
their Incorporation.
Such a provision would limit railroad
in its right to own land to that which ia
necessary for the laying of their tracks
and for the purpose of stations. Itwould
break up speculation in town lots, en-
gazing in the business OF keeping hotels,
mining and manufacturing, and other
business in which it Is now common for
them to engage. 70 permit a railroad
company to engage in such business IS
to destroy competition by the individual,
and enables it thus to corner lum-
Der, coal, and other necessaries
of life. To illustrate the effect
that such powers exercise upon
individual competition, let us suppose
case which might occur, which doubt
less has occurred. A railroad company
owns and is operating a large tract OF
coal land which adjoins its railroad al.
joining it is another coal tract which Is
owned and operated by one individual /;
the public gets the benefit of the COM
petition in the reduced price of coal. The
company desires 10 increase its profits
in the sale OF coal, and, with the view OF
getting rid of competition 10y squeezing
out the individual, itincreases its freight
rate upon its rival. The result to the H.
dividual operator is that, after paying
the increased rate, the market price af-
fords him no profit on his sales, and he
must quit the business aud hold
property which yields no return, else
sell ont TO his neighbor the railroad at
its own price. This is one result. but,
what is still worse, the peoples officers
who constitute the management Of the
road have in this instance become tho
Judges in their own case to decide be-
tween the company aud its rival what is
fair rate between shippers engaged in
the same business, and, ike all other
judges who are willing to SIT in their own
case, they have decided the case in their
own favor. 1t is unnecessary to add that
the Judgment OF q Judge who decides a
case in his own favor is held by the
courts TO be q nudity, certainly if the
record discloses the interest.
THE PEOPLE or VIRGINIA
fifty years ago, by the general railroad
law of 1897, limited corporations as to
their ownership Of land t. the purposes
OF their incorporation. prohibited their
engaging in business not proper for
these purposes, and further prohibited
one corporation from subscribing to the
stock OF another.-Code Of 1860, chap
ter Sc, section 2. The English statutes
OF montmain, enacted for the purpose of
preventing the Church from holding too
largely the lands OF England, furnished
the precedent for this Wise restriction IN
our general railroad law.
The last two volumes Of the published
Acts OF the General Assembly are filed
with charters to railroad companies which
set at naught these restrictions and ut
terly deprive private enterprise of good
fighting chance against these monopo-
lies.
V. To require railroad companies
and other corporations 10 organize
Under gcneraL Ia,Cs, and forbid the
granting of charters to private cOrpo-
rdtiOnS.
An obvious effect OF such provision
1. l. 1. 4. l. 4. T.,