The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1906-04-27
sAII!ROADS
MUST OBEY
The LAWS

Judge a. G. Dayton upon the re-
concerning of the federal grand jury
Wednesday morning in Clarksburg,
delivered special charge to it on
rate regulation and discrimination
Of shipping facilities to shippers OF
coal and other products, on lines OF
common carriers, such as railroads
running from one State into an
other, and especially about the inter
state commerce Law, after which the
grand jury began an inquiry into
such matters.
Sixteen witnesses were sworn on
the roalroad and rate question and
sent on to the grand jury Wednes-
day. Among them are prominent
operators of coal mines in this State
and Baltimore s Ohio officials from
Baltimore. The inquiry will cover
several days and the grand jury may
not finish It's labors this week.
Judge Dayton informed the grand
jury that under the Constitution OF
the United States Congress had
power to regulate commerce between
not only this and foreign countries
but also between the States. Such
power is inherent in Congress, but
Is. such as not to interfere with the
Skates in police power and that of
collecting taxes for the support of
the government Of the States. In
terstate commerce was defined as
that originating in one State and
extending into another or Others, by
transpartation by rail or water or
other facilities. The United States
Supreme Court has decided THAT
Congress has power to regulate such
commerce, making laws governing
individuals, concerns and corpora
lions engaged in shipping from one
State to another. These laws are
found in the Interstate Commerce
act passed by Congress February q,
1887, and supplemented by three
acts later, the principal one Of which
is the Elkins antitrust law passed
February 10, 1903. There we're
originally % sections of the act and
in 1889 the first additional section
was passed. The purposes and OBJ
iects of the acts are to prevent.
monopoly, not in the sense usually
referred to, but to prevent discrim-
nation in favor Of one class OF
shippers over another, to prevent un-
,ealal and unjust transportation
rates, both passenger and freight, as
wellSas to persons firms and local
tiles.
OF the first section of the Inter
state Commerce act Judge Dayton
said among other things that it re-
lated TO common carriers from one
State to another, providing for an
equality to all in the matter Of trans
portation, and that it also covered
railroads not extending outside of a
State, when there we're contracts or
arrangements, by which such rail-
roads form links of interstate rail-
roads, or transportation lines.
The next section defped what
railroads could and must do and
what they are prohibited from doing,
That is to say, they could not favor
any person or corporation above any
other, either directly or indirectly in
The matter of rebates, drawback, de-
Tnand, charge, collect or receive a
greater or smaller rate for passenger
or freight service, from any one as
against another, and if they did the
law said they ere guilty of unjust
discrimination. 1t was the duty OF
Congress to know no man but to be
honest and just to all, and theslaw
made it the duty of transportation
companies and common carriers to
d6likewise. They must stand ready
to transport without discrimination,
1T is unlawful for common car
riers to make or give undue or un-
reasonable preference, or advantage
n s IIilg person or corporation, or any
eSellar traffic, etc, and any such
6d prejudice Of advantage is con-
both legally and morally.
word in the Statute has dis
ti1Ct meaning and peculiar func-
lion. In other words the Statute is
designed to be applied by leyel-head-
ed, sensible men, as he knew the jury
6osbe, 1t does not undertake to say
how railroad corporations may man
age their business but does prescribe
HE manner of their treatment OF the
public. 1t recognizes that there may
be d reasonable discretion used in
cases. where technicalities are not
agoidable, and then there may fol
4 Continued on page 8.