The Lafayette gazette. [volume] (Lafayette, La.) 1893-1921, 1894-06-23
R1ZLR0AD LEGISLATOR

I RALLROA1 LEGZSZAZION
The vote in the Legislature on
Mr.. Mouton's railroad commission
bill was very close, being 80 for
and 40 against. This is certainly
encouraging to those who favor
such Legislation, when the small
1nd almost Insignificant support
such measures received at previous
sessions is taken in account. One
of the arguments of the opponents
of a commission is that the State
should not interfere with the bust
ness of railroads any more than in
other enterprises such as sugar
factories, livery stables and the
like, because those who invest
should be left free to manage their
own affairs according to their own
ideas of fairness and justice, and to
their best advantage and profit.
This proposition, when applied to
these enterprises, is incontrovertible,
because they are purely private in
the sense that they are entered into
by the interested parties for the
primary and exclusive purpose of
profit, without regard to any obi
cations to the public. They are on
a level with ordinary 1nortals. 1t
is evident, however, that such rea-
soning does not apply to railroads,
which are established for the pur-
pose of assisting commerce by the
transportation of articles produced
or manufactured, in other words, to
facilitate and expedite the exchange
between man and man and between
communities, of the fruits of the
labor of every individual.
In order to encourage the con-
struction of railroads nearly all the
States have enacted laws giving
them extraordinary and most eff
Gent powers and privileges. In
Louisiana railroads have the right
to construct and operate lines be-
tween any points, or to intersect,
connect with or cross any other
railroad; to appropriate property by
simply going to the Judge and OBJ
tanning a judgment without having
to wait until a session of court is
called. They have even more power
than police juries have to establish
public roads. The State has dele
gated to railroads part of the
sovereign power to take your prop
ertywithout your consent.
These are some of the reasons
why railroads cannot and should not
be considered purely bri0ate enter r.
prises. They are a part OF the
machinery of the State government,
with certain delegated power, and
are amenable to its control and SUI
pervlsion, for the same reasons
that the parishes and towns are, as
part of the government.
The State would certainly have
been recreant to its duty had it no,
reserved to itself the right to act
toward railroads as it has of act,
ing toward parishes and towns.
In consonance with these principle:
the constitution of the State declare:
that railways are bu6Le Atghzoar!
and railroad companies common
carriers. This means that the State
has reese rived the right to supervise
them. This power of the State
may be ikened to that of Polic'
Jurors in the supervision and con
troll Of public roads.
No honest and intelligent citize'
should harbor any feelings antag
onistic to railroads because tn
State has given them extraordinar.
powers and privileges. They ar
necessary evils to which we SHOULD
gladly submit to secure the benefi
Gent effects therefrom in the devel
opment of the material resource
of the country But, on the othe
hand, laws should be enacted t
protect the people against unjus
transportation rates, or discrimina
ton against individuals or commu
mites; or against what sometime
happens criminal and malicious es
ercise of despotic power to frustrat
and impede the development c