The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1890-04-10
Important Decision.


lance, as it affects the rights of property
and because of which the Farmers AL
lance of that State, ask for the abolish
ment of the court. The decision dis
tinctly declares that neither State
Railroad Commissioner nor a State law
can arbitrarily fix rates. On the con-
trary, such rates must be determined,
when any question is raised as to their
by judicial proceeding,
not by mere hearing before executive
officers Anything less than this is de-
priving persons of their property with |
out due process of law, and is therefore |
in conflict with the constitution of the |
United States. The decision, says the
New York Post, removes the most seri-
Gus menace to railway property that has
ever been enacted in this country, or
i'll any other country, and must be well
coined by all persons who hold such |
property, or indeed who hold any prop
erty of any kind
1t is singular phase of the human
mind, that it not unfrequently turns upon
its idols and rends them without suf
ficient cause. In the case of railroads,
community will go to extremes in voting
and arguing for the construction of a
railroad; will denounce the narrow
sentiment and policy that would oppose
subscription to a progressive improve
ment that looks to material develop
ment and brings rapid communication
with the outside world; yet no sooner is
the enterprise completed than war is
commenced upon it, and a feeling of gen
eral snimosity melted. The thought is
not entertained as to the odoantdges of
time and rapid movement secured-of
the economy that is effected in having a
market right at your door, not only for
the products Of the farm but of the gar
den, the dairy, the hennery, and hun
dred little things to which was before
attached no value These things are
ignored and great ado made about
something the railway may be compelled
to do in self defence, to preserve its exist
ence. Capital in railroads is not remun-
erative, at least as much SO as that which
becomes live values to the farmer by
reason of the railway. but which was
dead before. The revenue derived from
the sale of fruits, the products of the
orchard and garden, and other articles
not listed as marketable before the rail
way was constructed. aggregate more to
the people of the communities contigu-
Gus to railroads, than the entire surplus
OF wheat and corn did before railroads
were at command The economy eff
fected i'll time, in the promptness with
which sales can be made, and the
quick returns therefor, is another i'm
portant item that is not considered by
those who feel that they have the right
to assail and make war upon railways
without rhyme or reason sometimes.
1t is entirely competent for the State
abusing its charter franchise, to the in
jury of community. 1t is entirely pro-
per that it should do SO. But it has no
right to contiscate or jeopardiZe, or APP
propriata the property of such corpora
ton, or to invade its constitutional
!
sential TO the healthy condition of COM
munity as the safety Of life. The policy
that would justify the Infringement or
denial of the rights of the one could with
just as much IMMUNITY assail the other.
Fortunately, however, for all, there is a
a great conservative appeal court, which
rejecting and conforming to the innate
honesty of the people, and jealousy
guarding the rights of persons and prop
erty, is SO constituted and SO removed
from passing influences as to be able to
impartially and judicially determine all
questions submitted to it by the eXorable
rule OF justice, render under Caesar the
things that are Cesar's, and brave and
breast the current Of public passion that
inconsiderate persons may start ia mo-
ton. We may safely look to the court of
last resort for the defence of our rights
and liberties, and fortunately it is So
fortunate that tbs people have been edu-
Gated to respect the courts, to bow to
their commands, else anarchy would fol
low and the foundations of our govern
mental structure tumble and crumble to
its destruction.