The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1889-01-19

I
that department, alone, can we turn
for State regulation.
Sixteen years ago, the people
made the following fundamental de-
claration:
Railroads heretofore constructed,
or that may hereafter be constructed
in this State, are hereby declared
public highways and shall be free to
all persons for the transportation of
their persons and property thereon,
under such regulations as may be
prescribed by law; and the Legisla-
ture shall from time to time, pass
laws, applicable to all railroad cor
porations in the State, establishing
reasonable maximum rates of charges
for the transportation of passengers
and freights, and providing for the
correction of abuses, the prevention
of unjust discrimination between
through and local or way freights
and passenger tariffs, and for the
protection Of the just rights of the
public, and shall enforce such laws
by adequate penalties. Sec, 8, ar
tcle XI, Constitution.
No law has ever yet been passed
to meet the requirements of this con-
stitutional command, and afford the
protection that the combined wisdom
of the State deemed essential. So
long as this question remains open,
every effort made for it's just and
fair settlement, is heralded abroad
as indicating a hostile attitude to-
wards railroad enterprise. We I'M
derstand, thoroughly, the necessity
for railroads for the development of
our natural resources; but we under
stand also, that unless reasonable
! freight charges be secured for all
shippers, the inducement for the ag
ricultural immigrant, and for the
various enterprises which these re-
sources invite, must be hampered and
limited.
l renew the recommendation that
such legislation upon this subject
be enacted "as will secure even
handed justice to both the railroads
and the people. especially recon-
mend that, both as to passengers
and property, greater charge for a
shorter than a longer distance, and
every species of discrimination
against, or in favor of, individuals or
localities, and every means by which
it may beaccomplished, be absolutely
prohibited. That commission be
created with such authority as may
be necessary for the application and
execution of the law, and to obtain
such relief as may be had from Fed
eral law, and that adequate penalties
be provided to secure respect and
obedience.
GIVING RAILRoADg,PAssEs TO PUBLIC
OFFICES.
Upon the subject of giving rail
road passes to public officers, l
repeat the language of a former mes
sage:
"The practice of railroad compa-
MES issuing to public officers free
passes over their roads, is another
abusefo which | call your attention.
That this is done with an improper
motive is so transparent as to adj
NIT of no question. There is no
branch of the government but, in
some form, is called upon to act in
relation to the rights, duties and liza
bilities of such companies; and there
fore, where questions between rail
road companies and the people arise,
it can not be matter of surprise
that a feeling of distrust pervades
the public mind, when the public
servant, whether Legislative, Judic-
larry or Executive, holds the laws of
his country in one hand and a rail
road pass in the other.
81 most heartily recommend the
enactment Iof law to prohibit the
delivery of such passes to any and
every officer within this State; and
that the penalties be sufficient to
put an end to the abuse"
TRUSTS, COMBINATIONS AND CoNsPIRA-
CIEs TO CYPRESS THE PEOPLE AND
ENRICH THE FEW.
Our ancestors brought with them
the common law of England, and re-
joiced in it's wise and humane pro-
visions for the protection of the toll
ing and consuming masses against
the heartless and avaricious cupidity
of the monopolistic vultures of So
ciety. The remedies were ample to
meet the necessities of more prim-
tive and simple condition Of bust
ness and commercial relations.
Under the common law, the open
and fixed market place was encour-
aged, and "the life of trade"-open
competition secured both for seller
and purchaser.
Forestalling was defined to be the
buying or contracting for any mer
chandise or victual in the way to
market; or dissuading persons from
bringing their goods or provisions
there; or persuading them to enhance
the price when there"
Regrating: "The buying of corn
or other dead victuals in any market,
and selling it again in the same
market"
Engrossirg: "The getting into
ones possession, or buying up large
quantities of corn or other dead vic
tuals, with intent to sell them again"
And so, "the total engrossing of
any other commodity, with intent to
sell it at an unreasonable price D
One of our criminal law writers
has said: "Engrossing with us must
doubtless be deemed of kin to fore
stalling, as it was in the English
common law. And whenever man,
to put things, as it were, out of joint,
and obtain an undue profit, purchase
large quantities of an article of mer-
chandise, holding it, not for fair
rise, but to compel buyers to pay
what he knows to be much more
then can be regularly sustained in
the market, he may, on principle,
be deemed, with us, to be guilty of
the common law offense of engross-
ing"
All these offenses, together with
conspiracy to commit them, were, at
common law, indictable; but they
float out before the vision as mere
bubbles when we come, now, to deal
with the stupendous crimes against
the public.