The times. [volume] (Richmond, Va.) 1890-1903, 1891-12-24

Dangers of Laws MOI BASED Upon soundest
and Nisost Principles.
10 the Editor Of The Times:

ana Wisest Principles.
TO the Editor of The Times
Your recent editorial on this question ought
10 command the attention Of our legislators
and those urging them to the passage of
stringent railroad law TO the dangers attend
ant upon such law. III not carefully based
Oh the sOundest principles OF law aud equity.
check railroad enterprise, aud yet such laws
as are now in force IN South Dakota,
Iowa, Nebraska and Kansas and after
the pattern of which the railroad
bill now pending is largely framed will doubt
less operate here az il has done in those
States IN lettering capital-that shyest of all
thlngs-irOm continuing % open up our
riches. Since the railroad laws of the States
named have been Ia operation South Dakota
has added only 30 miles TO her tracks, Iowa
only n, Nebraska only 25 and Kansas only
] have both through the press and on the
platform advocated railroad law for the
State and believe one 10 be an absolute ne
cesslty Eut couple this expression OF opn-
ION with the condition that such law should
be so framed as not by It's drastic provisions
10 alarm those who have the means of deyei-
oplng the State by the building of railroads
whenever and wherever necessary. Does the
bill now proposed satisfy tins condition.
4 expect 30 say that after II careful
consideration Oi its provisions do not think
II does. IL seems 10 me to SO contrayene the
natural principles of right and Justice in
some of its sections L. invite and Justify
hostile criticism. The most drastic and in
qusitOrml powers are proposed To be given
10 commission composed of three gentle
men as To whose qualifications for the Office
no conditions whatever are attached.
The bll itself. IN my opinion, should pre-
scribe the qualifications Of the men to eXer-
else such powers as the commission is 10 be
invested with They are TO DO Judges OF law
ana lacts IN business of most complicated
character ana involving tho profitable invest
ment OF millions of capital At least one OF
them should be required 60 be a gentleman
with "a profound knowledge of railroad
law. The question of rates for
freight and PASSENGERS being one Of
the most important features Of the bill aud
one upon which technical knowledge of the
facts bearing upon those rates is absolutely
necessary - the training of correct iudg-
ment another OF the commissioners should
be required 20 be gentleman who by train
ing and education has had familiar Qcquant-
Rnco with these facts for years as an expert
enced railroad man. The third commissioned
should DO gentleman fully conversant with
the bearing of these rates upon the aericul-
tnral and commercial interest OF the various
sections OF the State. and q gentleman Of
high standing and undOulted reputation.
The importance " such qualifications as
these is enhanced by the provision of the bill
NAltA invests tAe COMMISSION with power on
Its own motion to frame u tariff of rates and
charges which shall DO binding upon MI
parties until altered by tie commission IL
self or the chancery or the appeal court This
provision, however Is one that seems tome %
depart So widely from tie principles OF law
and equity that il ought To DO expunged. The
commission without hearing tine parties Is
gwen power 10 pronounce judgment, and
that Judgment is - DO fnal unless the parties
pronouncing ~ consent 90 reverse their own
necislon except in 80 lar as they arc con-
tolicu oy TWO courts. neither OF which By go.
'ecuon or TRIMMING las any special lituess for f.
entertaining and uliciailv determining such T.
Questions. This course Of procedure is To- my ,
!nlnd much Ike hanging the prisoner first and .
Trying MIN aiterward. There IL 50 far
hs can see no Necessity fOr "a provision SO re. /
PushAnt 10 the ordinary sense of fairness and /
lrnce; The commissioners should REQUIRE
the in'foaos 10 make and furnish them with /
s"eh seAeo"ies OF fates and freghts MS they /
oe.l ius' ana reasonable. Then let these t
rates De published. with liberty for auy per
son. county or city to object within fixed !
,lne. lhe commissioners should then hear
tns Arguments and witnesses on sny obiec-
lions lodged and decide the cases. and make