The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-04
Masters and Servants.

ne sHDJpluttl liOiiictN II ir'li'hh'NN
by the North American of Philadelphia:
Tho day has come when the railroads. creatures
OF the state. do actually In many States control
their creatos and there is no hope for redress I'M
less the people the powers OF their own Govern
ment at Washington. This they arc resolute TO do
The matter Will not blow over. The campaign is
not ended. The railroads, in one way or another
this year or next year going TO be put into tho
place Of servants. instead OF remaining masters OF
the people
It is to be assumed and earnestly 10
be hoped that the writer Of the above
paragraph and tho proprietors and
readers Of the newspaper which prints it
have their savings invested in and are
owners Of great many of the shares of the
prosperous railways chartered by Penn
svlvania, which are therefore creatures
of that State
Those who are citizens OF Pennsyl-
vania can exercise the powers of that
Government. Those powers are their
own more nearly and absolutely than
are the powers of the United States, which
forty-five States exercise.
IL IL w u Alt illtN ~ ana
do unjustly and injuriously control their
creator, the fault is in the shareowners
and directors They can stop the in
Justice and injury without going to Wash
ington Why do they not do it?
If the freight and passenger sheets,
the rebates and determinations Of rail-
ways chartered by Pennsylvania, are
unreasonable and unlawful. the share
owners and directors can put an end to
the Injustice and illegality, unless it be
true that those shareowners and directors
cannot control their own station masters,
traffic agents, general managers and
I presidents If it shall turn out that in
those matters the tail wags the dog, p
| our esteemed contemporary should aim
at those shareowners and directors and
/ compel the dog to wag the tail
We do not know what is contained in
/ those charters given by Pennsylvania
to her railways, but we guess it will be
found on examination that the directors
/ of the railways, and not Con grcssmen. are
/ officers of the State. trustees Of the public
and agents Of the shareowners to regu-
late rates, rebates and determinations.
We have before us however, the charters
! of several Northwestern and Southwest
ern railways in which the chartering
States expressly authorize the directors
to establish rates of toll and collect
the same Under that agreement and
contract the railways were built. With
out it they would not have been con-
structed, as we read in lie United States
Reports il was said from the Supreme
Court bench. There is also, on page 500
of 1Os United States Reports, rather a
stern admonition from the same bench
that the directors, and not the under
lings, must determine and vote the
rates, rebates and determinations.
The Supreme Court has repeatedly
adjudged that the rates thus TO be fixed
by the directors must be reasonable, and
if unreasonable the judicial power will
make them reasonable.l Thus Pennsyl-
vania courts can make reasonable the
rates fixed by the directors Of all Penn
sylvania intrastate railways, and the
Federal Supreme Court will make reason
able all unreasonable tolls inflicted either
by directors or Congress for services by
interstate roads
Unless the law Of the land shall be
overthrow there is no possible con.
trivance by which the Judicial power
can be excluded from putting an end tc
unreasonable railway charges by whom.
soever inflicted
Why then will not our esteemed con.
temporary be logical and orderly, begr
at home, enforce State rights, and put
pressure on Pennsylvania railways tC
execute and obey the laws?
If the directors of Pennsylvania rail
ways and the directors Of all railway:
in the country who are State officer.
will establish reasonable rates and pu
an end to unlawful rebates and discrimi.
nations, the evils which so excite oui
esteemed contemporary will disappear
without invoking John Adams Federal
ism and Fostering Congress and tht
Federal courts.
There needs TO bf an army Of fool