The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-30
THEY ATTACK THE
MAJORITY PLAN
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HIAJURlII film
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surrender every special privilege it has
under it's existing charter, notwithStand
ing il may be "a corporation operating II
many States, and such special privilege
may be necessary 10 adapt it to condi
tons existing in such other States. anI
which do not apply TO other corporations
OF its class.
LONG AND SHORT HAUL.
T. The long and short haul clause, sec
ton ., prohibits common carriers uc
matter what the circumstances, from
putting in a rate greater for a shorter
than for a longer haul. until permission
is obtained from the commission. Under
The interstate Commerce law the com
panics possess this right. subject to their
accountability in the event they improp-
criy. exercise it II is essential that they
should have it. il the business of the
country is TO be promptly transacted. AS
we are informed, shippers III order TO
know at once whether to enter into con-
tracts. frequently make applications for
such rates by telegram, and if the bust
ness is 10 be done, immediate Geographic
answer must be sent. The policy of the
Interstate Commerce law makes this pos
s,ibe: the proposed article OF our Con-
StItution absolutely prohibits it. OF
course, the responsibility FOR an improper
exercise OF the power may. and should
he. preserved, but the commerce Of the
country should not be hampered and
our citizens put at a disadvantage by SO
'lnyicldng and restrictive a law.
Ne have referred TO the above particu-
lars as indicating the character of the
proposed article and not as comprising
III of the objections to il. 1t seems to
rs hur;ful in the extreme to the best IN
crest OF the State None Of the States
lave gone far i'll their cons ututonal
provisions Even legislation by statute
IN the subject is still in its experiment
.al stage, and although all of the States
taha the same problems before them
lcal&ely any two of them agree exactly
IN their policy. IN this condition of I'M
certainty and experiment, We doubt eX-
rcedingly whether it is safe OF wise to
,sut into the Interchangeable form OF con-
stitutionai law any hard and last rules
to govern such important interests. we
believe such matters can be much more
safely left to be dealt with by statutes.
which may he changed as the interest
OF the public and their views of en-
lightened policy dictate.
But certainly nothing Of drastic, radi-
cal or extreme nature should be put i'll
tn. Constitution. nothing that would in
confidence of the investing public But
. notwithstanding these views We think a
spirit of concession should prevail in the
convention and in that spirit and as a
guarantee to those who believe That the
Constitution should contain some asser-
ton of reasonable power of supervision
and regulation over common carriers we
respectfully append an article intended
10 take the place of those sections OIL
tho commit ee S report bearing upon the
subject covered by it.
Tho fundamental principles on when
The article proposed by us rests, are the
following:
FUNDAMENTAL PRINCIPLES
j. That all charges by common car
,'iets shall be reasonable and Just; all
unreasonable and unjust charges being
prohibited and declared illegal
= That there shall be no undue or I'M
reasonable preference or advantage OF
one person or locality over any other
and no special faNors shown to any pat
ron. directly or indirectly, by rebates.
draw backs, or other device
. That no greater charge shall be made
FOR a shorter than for a longer haul, cN-
ccpt in cases where disslmilar clrcurn-
stances and conditions justify 1t, the &C
ton of the carrier in the premises beng
subject to be ovcTruled by state au-
thority.
A. That the safety Of the travelling pub
lie must be guarded and the suff1clency
OF transportation facilities guaranteed.
5. That publicity must be secured IN
I'll matters in respect to these corpora
tious by which the interests Of the pub
JIG are affected.
6. That a commission should be estab-
lshed to ascertain if any of these fun
tau1ental duties, or any other legal duty
otFfhe carriers. are violated: and If so.
the whole legal department of the state
End the State treasury is put at the ser
vice of the commission to remedy the
wrong and to protect the individual COM
plainant without expense to him.
T. That common carriers are entitled
to the protection of the same tribunals
as pass upon the rights and protect the
Interests of all others within the State,
and consequently complaints against them
should be determined in the courts.
s. That if the powers contained in the
Constitution ale not broad and large
enough, then the General Assembly may,
from time to time, add TO them as the
puhlic interests require.
II will be observed. in respect to the
above. that the remedy given is entirely
prompt is without expense TO the COM
piainant who has placed behind him the
whole power and means OF The state Tor
his protection; and, moreover, tha1 me
remedy itself has been construed and en-
forced By the Supreme Court OF Appeals
OF this State in the case of Southern
Railway Company Us. Commonwealth q
another, 9S Va. ass.
In our opinion such an article as inc
one we propose is ample TO protect every
public Interest. We likewise believe that
IL is not so radical or extreme as 10 be
construed into a hostile act towards those
if,strumentali;ies in the State which have
done SO much FOR its development, for
the creation CT its taxable values. for
The employment Of labor. and Tor the
advancement Of the interests Of all The