The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1889-04-23
sRNAroR Pou,s E
On the Railroad Commission Bill.

Mr.. PREsIDENT:-The enemies OF a
Railroad Commission give several
reasons for their opposition to this
bill. Let us examine those reasons
They say, first, that they oppose
this bill because it is unconstitutional.
Why unconstitutional Because, they
saw. there are five railroads In this
State whose charters exempt them
from Legislative control, and that what.
ever action we may take will be void
and of no effect as to those five roads.
In nv opinion that ground of oppo-
sition is untenable. Their charters
do not place them above the law. The
current of decisions in the highest
courts of the land are fast placing
beyond dispute the doctrine that n
Legislature has no power to do an act
derogatory of the powers OF a future
Legislature. That no Legislature can
enact a law which the succeeding Leg
islature cannot repeal. That the
Legislature of 1888 (which chartered
the W. & w. R. R. Co.. had 40 power
to do an act which the Legislature of
1889 cannot undo. The Supreme
Court of the United States has re-
Gently decided an appeal from the
Georgia Court taken by a railroad
company, and in the opinion delivered
in that S it lays down principles
which it seems to me establishes
clearly the doctrine for which we on
tend-that is that every corporation IS
the creature Of the Legislature and is the
subject of Legislative control. Now, If
this is true, the constitutional argu-
ment falls to the ground, the conduct
of the five favored roads (which as
their friends and attorneys claim are
above our controD itself proves that
they do not believe this argument to
be true. They say to us that none of
our acts can affect them, that they are
above the law. Yet, Mr.. President,
those same roads are fighting this bill
to the death. If the bill cannot affect
them, why need they care whether it
passes or not ? There can be but one
answer and it is plain: They knoV that
aOe can regulate their charges.
But, Mr.. President, for the sake of
the argument, l will presume that
these five roads are above the law and
cannot be regulated; even then there
is no strength in this argument, be-
cause, in that case, we can do indirectly
what l will assume we cannot do di-
rectly. These favored roads have
connecting roads, branch lines and
terminal facilities which certainly are
subject to legislative control, and we
can so regulate those roads as to bring
the favored roads to terms. We can
do this even without hostile intentions
to the roads. For an example, | will
take the cities of Wilmington and
Raleigh. We have a Commission.
That Commission decides that rates
are too high between those towns.
There are two lines between those
towns. One by the n. @. R. R. to
Goldsboro, and then by the w. & W.
to Wilmington; the other by the R.
& A. Airline to Hamlet, and thence
by the G. G. R. R. to Wilmington.
The first of these lines claims to be
exempt from legislative control, the
second does not. The Commission
requires the second line to reduce it's
charges 10 per cent. The first does
as it pleases. What is the result D.?
The public, finding that it is 10 per
cent. cheaper to use the line by Ham
let, uses it entirely and the favored
line by Goldsboro must lose the whole
traffic or reduce its rates to the same
rate fixed by the Commission for it's
rival line by Hamlet. W. can regu-
late their competing lines and compe-
tition will regulate the rest.
Next they say, Mr.. President, that
the enactment of a Commission bill
would delay the building of railroads.
If this fear was well grounded, l
would oppose any such legislation, but
in my opinion the result in the States
which have Railroad Commissions
shows conclusively that the building
of railroads is not delayed by such
laws. Take Georgia. For nearly ten
years it has had a rigid ironclad Rail-
road COmmlSSlOn-One which has con
trolled railroads with an iron hand
which has reduced freights and fares
lower than in any other Southern
State. Here we would expect to sec
railroads crippled. But such is NJ,
the case; for, while the !oag roads are
required to carry passengers at 2 l-8
cents per mile AID freight in proper
ton, we see that within the last ten
years the value of the railroad prop
erty in Georgia has more than
doubled, railroad building has been
more rapid than in any other South
ern State, and is still on the increase.
There were more miles built in Georgia
last year than has been built in any
year during the last twenty in North
Carolina. But the Senator from Sam
son said voStnrdav that tho railroo1e