Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-01-24

tnt tuOlityS, ana tDe rest. uCtu-
ally going into mourning for the loss
Of zone OK the family" Unless cur
rent report for many years much be-
lied the Duke, mentally, he was OF
the same family, of the same kind indeed.
that distinguishes our little dudes. They
were very sad for day or two over the
death of the Duke. and the most of them
would have drowned their gricf in az least
one drink in Delmonico's or IN the HON.
man Art Gallery had not their chronic i'm
pecunlOsity long ago barred them nom
those hospitable hostelries.
MIR. r. j. Kimbail, the Kent BIZ, ana
Chamber Of Commerce.
MossrsGFoRD. Va. January IS. 1892.
To ne Editor Of he DisDatch
II was my privilege to be present and to
hear the paper read by President r. j.
Klmball, OF the Norfolk and Western rail
road. before the Committee on Roads, &c.
of tho House of Delegates on the 18th
instant. We did not expect this dlstin-
guished representative OF corporate Iule
10 approve of all the features OF the Kent
bill, but we had hoped for some valuable
suggestions. as. for example, how the bill
could he so amended as to compel the
Richmond and Danyille and Norfolk and
Western 20 connect. and thereby accom-
vile junction, without inhicting any
serious injury upon either of these rail-
ways or jeopardizlng the public welfare
But imagine my surprise when this gen.
tleInan took the broad ground that the
enactment of such law would prove an
iTreparable injury TO the railroads OF VIZ
elnia aud fatal blow to the further agri-
cultural and industrial developement In
this State In verlfication OF this asser-
ton he asked the question: Is there
member Of this committee who would Tor
moment consider the proposition
TO invest money in a tobacco-factory.
saw-mill, a furnace, farm, or
any business undertaking If there
was the possibility OF having the
management of its affairs taken out OF
his hands and placed in charge OF com.
mission appointed by the LEGISLATURE OF
the State with power TO fix the prices at
which he shall sell the products OF his
work Z" After showing what the Norfolk
and Western has done and are now dong
to develop the resources of the state, he
claims the right to ask that no more re-
strctions be put upon their business than
upon the business of any citizen or class
OF men engaged in any other business pur-
SUITS" This, in nutshell" is the argu-
ment of Mr. Kimball, and here we have
statement of the principles which. IN his
opinion. should govern the Legislature IN
dealing with this complicated subject.
In other words, that railways are private
property that the rights, privileges, and
franchises granted by the State 20 these
corporations are their exclusive property,
and that they have the right TO use them
for their private purposes as you may use
your printinC-press or i may use my farm
without limitation or restriction or con-
troll by the State.
Now, is not this monstrous doctrine.
and is il not remarkable, IN view of all the
decisions of the courts upon these sub
iects, that it should be proclaimed this
day in the Capitol of this State and before
an intelligent committee of the General
Assembly by the president of corporation
which controls 600 miles of railway and
! 600, 900, 900 of capital!
Is 1t possible TO give a better idea OF the
animus of these august personages or To
frame better argument for the passage OF
the Kent bill than simply to state the pro-
position? Nevertheless, we find that this
opinion obtains TO large extent, not only
among those whose interest 1t ls to hold
such a doctrine, but also among that large
class in every community which cannot dis
criminate between private property per Sc
and property which Is affected by public
use-ptbfci jtris-as defined by the courts.
/. From the earliest times-from the
opening of the first ferry, the erection OF
the first mill, warehouse. ordinary, eleya-
tor, the opening Of the first public high
way-the courts have held that when pri-
yate property Is taken for public use, or
when an individual citizen invites the
public to participate in the use of his pro-
perty, that the public have the right to
control THIS is founded on the modern
"SdhtS p0puH Ter siprend es'"-the welfare
of the people is the supreme law of the
land-and hence the welfare of tho COM
munity IS superior to the welfare of any
individual; and hence the doctrine that
in all matters where the right or the inte-
rest of the public are affected the State
takes control. As necessary conse-
cuence, from time immemorial, the rates
charged by ferrymen, millers, hackmen,
warehouse men. &c, who serve the pub
lic have always been fixed by law.
|, % But the courts have moreover held,
without variation, both in this country
and in England, that railway is pubic
highway. This results necessarily from
the fact that the corporations, which are
entrusted with these franchises, are IN
vested with the sovereign right OF emil
nent domain" That is. they are per-
mitted to take private property in locating
their roadway for public use. The Legis-
lature cannot give them the right to take
private property for their own private use
The Constitution and Bill of Rights will not
permit il, but they can. by paying Just
compensation. take private property for
public use, and hence the railway ne
cessarily becomes public highway and fla
public highway, then necessarily every
citizen has equal rights, equal privileges,
and should have equal facilities for using
them. There can be 10 discrimination in
favor of one against another.
3. But the courts have further held, and
they are so described in the Kent bill,
that corporations who are invested with
the right of conducting transportation
upon these public highways are common
carriers, As such they are subject TO the
limitations, conditions, pains, and penal
ties imposed by the common law. Besides,
n corporation Is an artificial person created
by the law, and has no natural rights but
only such as they are invested with by the
law creating them. That the rights.
privileges. and franchises held by them
are not an absolute GIFT which they
have "a right to use for their own benefit.
but are held IN trust for the benefit OF the
people. That one Legislature cannot bind
another or place the sovereign people at
the mercy of these corporations by con-
ferring upon them absolute and uncondi-
tionsl grants of power, but that the char
tiers granted them NAV not only be revised,
but. IL the public welfare demands II, may
be revoked. Such have been the decisions
of the highest courts of the land. lell
me, if you please, what becomes OF
Slate sovereignty and how the au-
tonomy of tue State can be MAN.
tanned upon any other hypothesis? But
YOU ask, Have these corporations no
rights? Undoubtedly. They have all the
rights. privileges. and franchises granted
in their charters and conferred upon them
by the laws OF the land, subject to the
limitations and conditions imposed by the
common law upon common carriers exer-
cising their functions upon public high
way, which have been fully and explicitly
defined by the courts. The most import
ant of these Is the sovereign right
of levying tax upon every person
and upon every article transported
by these. or charging for the use
OF the capital and labor furnished by
them what Is Just and reasonable"
This 10 the common-law doctrine as laid
down IN the Kent bull, and it further pro
yides for an impartial tribunal which shall
be charged with the duty and invested
with the power of enforcing this provi-
sion. Upon this foundation rest the Inter
state Commerce Commission and similar
boards which exist to-day in every civil
hzed country under the sun. Bat Mr..
Kimball would have the people OF Viz
GINA and all the property of the State ut
tl.o ...oroy ~ conllaos rnrnnrafiopa