The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-04-25
RAILROADS
MUST OBEY
The LAWS

y
Wednesday morning in Clarksburg
delivered a special charge to it Oh
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 & Ohio officials from
Baltimore. The inquiry will cover
several days and the grand jury may
not finish its 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
States 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
transportation BY rail or water Of
other facilities. The United States
Supreme Court has decided that
Congress has power 10 regulate such
commerce, making laws governing
individuals, concerns and corpora,
tions engaged in shipping from one
State to another, These laws arc
found in the Interstate Commerce
act passed BY Congress February 4,
1887, and supplemented by three
acts later, the principal one Of which
is the Elkins antitrust law passed
February 10, 1908. There were
originally % sections Of the act and
in 1889 the first additional section
was passed The purposes and OBJ
jccts Of the acts are to prevent
monopoly, not in the sense usually
referred to, but to prevent discrim-
ination in favor Of one class of
shippers over another. to prevent IN
equal and unjust transportation
rates, both passenger and freight. as
well as 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 were contracts or
arrangements, BY which such rail
roads form links Of interstate rail
roads, or transportation lines.
The next section dcfpcl 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, drawbacks, de-
mand, 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 the law
made il the duty Of transportation
companies and common carriers to
do likewise They must stand ready
to transport without discrimination.
1t is unlawful for common car.
ricrs 10 make or give undue or I'M.
reasonable preference. or advantage
to any person or corporation, or any
particular traffic, etc., and any such
undue prejudice Of advantage is con.
dcmncd both legally and morally,
Every word in the Statute has dis.
tinct meaning and peculiar func-
ton. In other words the Statute is
designed to be applied by lcvcl-hcad-
cd, sensible men, as he knew the jury
to be. 1t does not undertake to say
how railroad corporations may man,
a%sa aigs business but does prescribe
Ncr Of their treatment Of the
It recognizes that there may
~ reasonable discretion used in
cases, where technicalities are not
ayoidable, and then there may fol
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