The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1889-04-02
RAILROAD COMMISSION.
Senator Payne's Speech in Favor of the
Bill.

We publish below a synopsis OF the
speech of Senator Payne, OF Robson,
Who was chairman of the Senate
branch of the Railroad Commission
Committee. We commend his argu-
ment to the careful consideration of
the readers of The PROGRESSIVE FAR
MER. Mr.. Payne said:
Nix. PREsIDENT:-A Railroad Com
mission is or is not a neces-
sity in North Carolina. If a neces-
Eity, then the powers conferred upon
the Commissioners should be ample
and full. The Commissioners are
executors of the law, and if they
are not clothed with powers to IKE
cute the law, the Commission is a
farce and a failure.
The Virginia and Massachusetts,
systems have proven to be wholly in
effectual. Six years ago but few of
the Southern States comparatively had
enacted laws establishing Railroad
Commissions, and these States, which
at first adopted the advisory plan,
were forced to resort to, the Georgia
and South Carolina systems in order to
accomplish anything.
To-day North Carolina is alone IN
the midst of her sister States without
q Railroad Commission. Nearly all
of the Southern States have been COM
PEELED to adopt such legislation, and
four-ffths of these States have con-
ferred upon the Commissioners the
power to regulate rates.
With reference to the power to
regulate rates, the Senator proceeded
10 argue as follows: The only question
which practically divides the General
Assembly in regard to this bill is a.
10 whether the Legislature has the
power to give the Commissioners the
authority to supervise and regulate
rates.
In 1883 the General Assembly re-
fused to confer this power upon the
Commissioners for the reason that it
was not clear according to the decis-
ions of the Courts that the Legisla-
ture could grant this power. Since
1883 public sentiment and opinion
has been educated upon this subject,
and the tenor of the authorities con
corning this matter has undergone a
great change.
1t is now generally conceded by the
best text writer's that the great cardi-
nal doctrine underlying this subject is
"that the Legislature of a State by
virtue of its common law police power
can require that all railroad corpora
tons created by it shall charge no
more than a fair, reasonable and just
rate for passenger and freight fare"
Upon this principle the Legislature of
North Carolina a few years ago placed
upon the statute book a law prohibit
ing all unjust discrimination in rates,
&c., by railroad corporations.
There is no case of any court, either
State or Federal, which has overruled
this fundamental principle Of the COM
mon law.
If it is competent to legislate upon
the line of this princicle land it is ad-
mitted that it can be done) then it is
competent for the Legislature to give
these Commissioners the power to pre-
scribe rates which are just and rea-
sonable both as to railroads and the
people.
No person or corporation has a right
to so use and enjoy their own property
IS to abuse or jeopardize the rights
and privileges of others There has
never been a decision of any court
In the land at variance with this great
doctrine of the common law.
It is highly important to the rail
roads that there should be a Commits
sion
l. They always fare badly before a
Jury and this indicates a feeling of
distrust.
2. They require the full protection
Of the law just as much as indi-
viduals.
1t is a matter Of serious comment,
that railroads are openly opposed to
legislation which seeks to secure just
and reasonable rates and to prevent
unjust discrimination.
The people of North Carolina de-
mand this legislation and there cannot
be any mistake about this-shey de-
mand it because there is a strong
tendency OF the part of these corpo-
Fations to centralized power, and this
can danger to the country. We
cannot afford to delay action because
$4,000 of our citizens have petitioned
for such legislation, and for what have
they asked? "For an equitable and
just regulation of rates as between
railroads and the people" This is a
reasonable demand and the people are
entitled to it.
With the exception of gross out
RACES upon the rights of our people
perpetrated not many years ago by
the Carolina Central Railroad Com
pany, under Northern management, I,