The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-10
BRIDLING RAILROADS.
Mr.. BERNER BEFO7D THE JUDI
DIARY COMMITTEE.

Pat Calhoun the Only Repre-
sentative OF the Railroad Corpora
tions Present to Hear the Argument.
ATLANTA, Ga, Sept 9.-The general ju-
dietary committee of the House met to-
night to hear an argument in favor of the
bill to regulate the railroads of the state,
by MIR. Berner of Monroe, the author
of the bill. Mr.. Berner's argument con-
sumed over an hour. He upheld the repu-
tation for eloquence which he has made as
a member Of the House. The only repre-
sentative of railroad corporations present
was Pat Calhoun of the Richmond Termi-
nal, who listened, as did everybody in the
Senate chamber, with close attention.
Final consideration of the bill and the vote
upon it in committee. will be had to-mor-
row night at 7:30 o'clock. Mr.. Berner said
he regretted the absence of the counsel who
had appeared before the committee.
ARGUMENTS OF THE CORPORATIONS.
The corporations, he said, had consumed
three weeks in juggling and argument and
devise He thought it was time something
was being said in behalf of the oppressed
people and the maligned and violated con-
stitution. The sworn legislator must look
upon Wills llhtbcT III bUb llRuG OI llS OALn.
There was difference between hired coun-
sci and sworn legislator. Counsel might
risk mild dose OF damnation, but the
legislator must look upon these things
in the interests Of his country. He thought
the duty of the legislature was to act with
cut discrimination and for the benefit of
all. 1t was the duty of the legislature to
do right by the people. Let us divest our
selves, he said, "of deep water or conti-
pfRl md Of s,v-l
painting of every character"
PROVISIONS OF THE BILL.
The bill enlarged tho powers Of the rail-
road commission for two purposes. The
first section authorized did not require tine
commission to investigate lease contracts.
Investigation is guarded by ample pro-
visions. II il was found that the railroads
obeyed the law then all was right. IL they did
violate the law there was no punishment pro-
vided. The commission simply requires
that corporations cease their violations. If
they refuse to comply as O last resort the
commission is authorized to institute suit to
set aside the illegal contract and impose
fine. On a repetition Of the offense the
bill provides for forfeiture Of the charter.
On that he would not insist.
INSTRUMENTATION.
The third section was, he said, to prevent
over capitaliZing railroads. Such things
raised freight rates and bankrupted honest
| investors. IL was to preserve honest values
from speculation. Passing to discussion
of the merits Of the bill, he said he wished
! TO say that no wished to disabuse the
minds of some of the idea that
it was impertinence In the state
to interfere with corporations. That
was the argument of the lobbyists who
had defled this temple of justice. Some
regard it in the light of mans castle is
| his own A man was o different matter
| from a corporation; one was com mbination.
| 1t was a natural tendency Of accumulated
power to oppress Both craftsmanship aud
law recognize the rule that as the power Is
so shall be the restraint.
WOULDN'T BE UNJUST.
He would not take away from their Just
| earnings or from their development of the
country. They have extra ordinary powers,
and these powers give them q right to op-
press. For that reason power was retained
| by the state to control, regulate and even
| kill these corporations lt was the right
and duty of the state to interfere. Use of
their powers and privileges had brought
about corruption Of the ballot and debauchs
| cry of public institutions. He was opposed
| to government ownership He thought
corporations could be regulated by a strict
| law. Georgia needs brave, courageous,
incorruptible legislature to sustain her
rights. II anything ever unseats the con-
| servatism of the American people and drives
them TO government ownership it may be
assigned to oppression by the corporations
and misuse of their powers
PROTECTS ALL INTERESTS.
The bill put forward policy which pro-
tected all interests. AS to the constitutional
| issue, he said, the constitution demanded
this legislation. 1t required the enforce
ment Of the article and Of appropriate leg
| isation This was made in the closing
paragraph of the article and it enforced
the whole article. II the demand for legis-
| lation only include rebates and tariffs the
| constitutional convention knew nothing of
thesuse of the words. The constitution re-
serves the right to take away all misused
| rights granted. IL the law was violated the
| legislature had a right to make laws 20
! carry this out. The constitution turns upon
its accusers and smites there with its fatal
| logic.
| DIDN'T PLAY THE FOOL.
The men who framed the constitution, If
| the counsel was correct, played the fool
| They did not. They put that clause there
| to require the legislature to enforce the laws.
| Every provision Of the section Of the con-
stitution had been enforced except the one
which requires competition. The reason
| they we're not enforced before was because
4 tQl8 cdplUO1 was iuIesISI Will bSouCleS WHICH
| defied it. The constitution made violating
contracts illegal and void. As the law was,
| q stockholder only could 60 into court,tbe-
| cause the corporation failed to preserve the
| corporation. Wherever there is wrong
there should be a remedy. AS it is. the only
man VINO can file suit to set aside a con-
tract is the man whose pockets are filled
from the Golfers of the corporation. The
state has the right TO forfeit the charter.
but that remedy will never be applied.
THE BILLS REMEDY.
The bill proposes a remedy less severe
than forfeiture of the charter. This was
the only instance Of judicial wrong in the
history Of Georgia. he did not believe any
sane and uni paid lawyer could believe it was
not the duty Of the state Of Georgia to en-
force the constitution. This agitation
began years ago, when the people were
against the tendency Of the railroads
toward oppression. In 1884 a similar bill
was introduced. AS committee member
be opposed It. There he recorded his oath
against monopoly. When the railroad COM
mission law wa before the legislature the
old capitol was filed with lobbyists. Were
they here now awaiting this struggled
THE OLIVE BILL
He gave history Of the Olive bill aRita-
tion and the Terminal companys connec-
tion with it. IL was then, he said, that this
fight wassbegun. 1t was then they brought
tie wrath of the people Of this state upon
them. Coal rates had been so that the in
dustrIes OF the state were threatened. 1t
took the press Of the state and threat of
the approaching legislature TO reduce them.
A look at the railroad system Of the