The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1889-07-09
smEcH OF HON. W. D. TURNER,
Delivered Before the Senate Of 1889,
the Railroad Commission Bill
- Being Under Consider
afion

Mr. PRESIDENT ulu HOC SOn
plate that any one would seriously
contend that the bill under consldera-
ton was unconstitutional, but as the
opponents of a Railroad Commission
have raised the point, l will first ad-
dress nv remarks in answer to this
objection. This question has been
settled by the Supreme Court of the
United States in several S and
needs no lengthy argument from me
as to it's constitutionality. 1t is a set
tied principle of law that the regula-
ton of freight and passenger rates is
within Legislative control. In the case
of Mum VS.. Illinois, "a U. S. Reports,
page l13, Chief Justice Waite dellv-
ering the opinion, the court very
clearly decides this principle and set.
ties beyond doubt the constitutional
question. In this case the court de-
cides "that under the powers inherent
in every sovereignty a government
may regulate the conduct of its cltl-
zens towards each other, and when
necessary for the public good, the
manner in which each shall use his
own property. 1t has in the exercise
of these powers been customary IN
England from time immemorial, and
in this country from the first colonl-
zation, to regulate ferries, common
caEiers land railroads are common car
rters(, hackmen, bakers, millers, wharf
myers, ~innkeepers, &C., and In so
doing to fix a maximum of charges to
be made for services rendered, accom-
modstions furnished, &C." In this
cas- the court expressly decides in
considering the effect of the l4th
amendment to the U. s. Constitution
that it does not change the law in this
particular. The court says further,
"that when the owner of property de-
votes it to a use in which the public
has an interest, he in effect grants to
the public an interest in such use and
must submit to be controlled by the
public for the common good and the
limitation by Legislative enactment of
the rates of charges for services rem
dered establishes no new principle in
the law, but only gives an effect to an
old one"
Our opponents say further, that the
bill, if it should become a law. cannot
affect some of our leading roads in
the State-for instance, the Raleigh
g. CASTOR, the Wilmington & Weldon
and other companies-because they
have certain chartered rights, the
right to charge for transportation of
persons and treights any sun not ex-
ceeding certain specified rates and are
not therefore subject to legislative
control. In this they are mistaken.
These roads r subject to Legislative
control within the rates named in their
charters and especially to prevent dis
elimination, as there is nothing in their
charters expressed in positive terms to
give a contrary meaning. This ques-
ton has been decided by the Supreme
Court of North Carolina in the case
of MCGOWAN VS.. Wilmington & Wei
don Railroad Company, 95 N. @. R.,
page All, Merrimon, Judge, deliver
ing the opinion. The court say: "The
Legislature has power to compel rail
roads, corporations and common car
riers of like kind to discharge the OBJ
legation which they owe to the public
by reasonable statutory regulations,
because they exercise and enjoy rights
and franchises granted by tie public.
The Legislature may regulate the
methods of business of said corpora
ton in a general way, so as to pro,
mote the public good and to the ex-
tent that the exercise of the powers
conferred on them affect the public;
it has the right through the Legisla-
ture to have a voice in their exercise.
The Legislature cannot part with any
essential power of government; but if it
can doso, it must be by positive grant
or by words so plain in their meaning
as to leave no doubt as to their pur-
pose"
These cases settle, to my mind, be-
yond controversy, the legal or consti.
tutional objections to this bill. l
shall now address myself to the ques-
ton as to whether a Railroad Com
mission in North Carolina is a neces-
sity.
The railroads can make or dry up
town in the State, as they see proper
to do so, by discrimination in freight
in giving one town an advantage over
another. By investigation and obser.
~vasion, it will be seer that this is not
only apparently so in the State, but an
actual fact. Any one who will travel
from one end of the State to the other
can see neglected towns and commu.
mites that cannot keep apace in pro
gressiveness with their sister towns
because they are at a disadvantage in
freight rates. North Carolina is an
agricultural State, and as such she re.
ceives no encouragement to raise a
surplus, because of a high rate Of
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