The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-08-16
JUSTICE TO RAILROADS.

The Courts Invoked to Prevent a Ma
Iignant, RapaciOus Government
From C0nfiscating Our Most I'm
pOrtant Industry.
During the session OF the United States
Court last week in Greenvllle, as we Sather
from the Daily News, several matters or
more than ordinary Interest 10 the public
were brought before his Honor Judge Simon
ton.
II will be remembered that soon after the
Dispensary Act went into effect. July l. 1893,
the Railroad Commission undertook to alter
the classification OF freight upon the rail-
roads in the State for transporting whiskey
and other liquors In bottles, TASKS. &C.. from
the State Dispensary In Columbia to the To-
cal or county dispensaries; Such freight had
formerly been classified in what is known
as classification l and ~. The Board OF
Commissioners transferred this to Class H..
The classification of freighis Is based upon
the qualities of value. bulkineSs, deStrnctib1l- :
ity, combustibility and difficulty of hand
ling. The grades of classification are from
Ouadruple First down rs follows. Treble
First Double First. First. l: 3. I. ., 8; lhen
A. b, C, d, Z. F, &, H, ]. X, L. NJ, \, o, T: ~ i.
i,iouor in bottles ur glass was classified in
I and TX. The Railroad Commission placed
it i'm Class H and to this the Railroads object
ed and under the law requiring 81 days no
tice of any change in the rates, Mr. Haas,
Traffic Manager or the Richmond and Dan;
vile. demanded such notice and the chansed
rate could not consequently, 60 into effecl
before the Goth OF July. In the meantime the
r. & D. applied for and obtained an order OF
Injunction from the Julge Q! ,b tne u r.o, .. Hrr
recurring the Board Of Railroad Commission
ers to show cause before the United States
Judge at Greenvile on the 7th of August why
the Board should not be required to desist
from making the change in classification.
The case was beard by Judge Simonton
from day to day during the last week. who
took the papers and will render his decision
hereafter. The Attorney General Townsend
and Ira B. Jones, Esq, Of counsel. represent.
ed the State and the general counsel Mt
Bond of the R. & D. and judge Cothran
counsel for all their roads in this State, ap
peared for the railroad company.
II was contended by the former that the
matter of regulating freights was wholly
within the control of the Railroad Commits
sion and that the Act of the Legislature de.
ning the powers ana tha dngs asnt OF the o cons
eating the property OF the railroad com.
panies-that great advantage was given 70
ihe railroads In increasing their tonnage
upon LIQUORS, all Of IL having TO be carried
first to Columbia and from that point distrib
uted 10 the various county dlspensaries.
Upon the other hand II was contep drd by
the counsel for the railroads. that the for
mer classification in and ~ was 1ust-thal
Glass H Is very near TO that class in which
coal, pig and scrap iron, lumber and fertil
izers are and have been classed.
That ton OF coal for Instance, worth about
IS. is not combusfible, nor destructi6le and
tom from the cur and dumping out the con-
tents, that in the case OF lumber the ship
per loads 1t. on the car, and the consign8e un.
loads It; whilst on the other hand ton OF
whskey is worth about Sj00-that shipped In
glass. It ia destructible. very combustible
and has TO be handled by the railroad com.
pany both in receiving 1t into the cars and
discharging 1t therefrom. Ihat coal, lumber
nj
and that liquor Is alGxury, II indeed as many
think 1t Is not a positive evil. In no sense
one OF the necessaries OF life. That as such II
should, in addition to the reasons already
or the articles above named. That 1t is un.
iust and unreasonable on the part of the
State, whose duty 1t Is to protect property
rights, through its legislature, first, to assume
a monopoly In an article Of commerce, which
IL recognizes as such by dealing In 1t herself
and secondly, through her Railroad Com mis-
sion, to force the reduction OF rates ior trans
portation with no other view possible than
70 Cypress the railroads or to increase her
As we understand the provisions Of the
Railroad Commission Act OF December last
the Railroad Com mission Is required "to
make inst and reasonable rates." for the trans
portatIon of passengers and freights by the
railroads" That is their duty.
Second, The railroads shall not be guilty ol
extortiou by demanding or receiving unjust
and unreasonable rates.
IL would seem unless the railroads have
bern fearrulIy inismanaged, that even their
present rates are not remuneratlVe, 1or IL is a
fact not TO be denied, that nearly three-fourths
of the entire mileage In this State is now In
the hands OF receivers, which Is the result
ss we understand 1t, of inability TO pay their
fixed charges and meet the interest on their
bonds 1t lis upon defauiting In the payment
of the interest upon the bonds that receiver
is appointed, and this Is practical insolvency
II will be observed that nothing IL said In this
connexlon OF large class, who 1t would seem
ought to considered, and that 's stockholders
II the earnings of the roads do not pay the itI'
terest on the bonds, Of course the siockhol
ers. are like the label on the bottle, they "are
not in IT." And yet it would seem that they
should be. -,-.,-
In the State, our fertilizer, oil and other fac
tories, national banks &c, and we hear an.
nually and semi.annually OF dividends 10
their stock holders and Of surplus profits. But
where are the stockholders oil The railroads
Echo answers where.
There are two ways Of destroying railroad
One is 10 raise the assessment OF its prop
erty for taxation ubove that OF other tax pay
ers. This is to tax IL out OF existence. The
other is to cut down It's freight rates below
the point OF just and fair remuneration. II
both these methods are adopted, 1t is like
burning the wick of candle at both ends
Destruction is sure, quick and inevitable.
Now 1t has seem ed 10 Ss, and we write only
In the spirit Of Justice and fairness, that 1t IL
time to call halt in this matter. 1.-The OK
knoweth bis owner and the ass his masters
crib but my people do not consider" said the
phophet OF old. There has been too m uch Of
passion and prejudice in dealing with this
great question OF railroads and railroad lraf.
Dc. II should be put upon a pure business
plain. Railroads should be kept within the
line of Just and reasonable charges for thei.
traffic rates, but on the other hand they
should be treated, not as outlaws and public
enemies, but with justice and fairness.
Like all other invested capital the stock.
holders in Railroad Company have right
ment. The Statute says they shall not be
guilty of exturtion by demanding Or receiv-
Ing unreasonable rates. Extortion In the
tending of money Is TO demand and receive
more than the legal rate OF interest. Up to
that point 1t is lawful. Surely Railroad
Company which does not earn the interest on
It's bonds could hardly be charged with extor-
tionHte rates of freight.
We have yet to hear any complaint from
their patrons of the want of rapid, safe and
and until one or the other OF these facts can
be Established our Judgments is that they are
disc harging their duty faithfully to the pub
lie, and deserve the protection OF the laws OF
the State TO whose welfare and prosperity
they so greatly contribute.
Our Iellow-townsman, Judge Cothran, has
impressed this community with the great zeal
and eminent ability with which he has de.
Tended the rights of his clients. Every good
man who loves fair play will be Interested In
learning that it is probable that exact Justice
The bold and persistent attempt to seize
and cripple ana ultimately to conflscate the
most important industry Of the State will
no doubt meet q merited rebuke from The
Court.
orr11nau ocr1OoT rOETurm1OHT