The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-02-19
PEOPLE WHO USE HIGHWAYS
EXERT CONTROL OF RIGHT
The Clear and Forcefu Speech of Mr. Justice Support
the Manning Rate Bill. People Not to be Drugged
by Sophistry Led by Shame of
Corporate Flunlzies.

The speech Of Mr.. Justice when the
passenger rate bill was under cOnsid-
Grafton by the House gives 80 simple
and clear an exposition Of the relation
Of the railroads to the people and IS 50
timely in it's warning not TO be led
astray by the SophiStrieS Of the big
railroad men, the echoes Of the rail
road lobbieS and owned newspapers
and the small RACES Of those tOady
souls who cannot look in the face Of
railroad kingship, that space is made
for it in full. The note of the speech
is fair treatment of the railroads and
of the people as well. Mr.. Justice
looks 10 the control Of the high ways
Of trade in the interest of the people
who must use them and pay toll. He
shows this clearly and, in q dignified
way reSentS the attitude that sees sac
rilcge is suggesting anything to power
than the continued license to exploit
the people and expand its extOrtiOns
Mr.. Justice said
The Relation Of railroad Companies
10 the People and to the State.
That | may be set right in the minds
of those who are always greatly con-
cerned, lest the Importance Of rall-
roads in the development Of the cou4-
try be overlooked, | wish to say III
the outset, that | am fully persuaded
that the industrial, educational, re-
ligious, and social conditions OF the
world, would retrograde without these
arteries Of commerce; without rail-
roads, there could be paratively
little exchange of comm Odities, and
would be but little need for factories.
The world would be in comparative
ignorance, and the peoples Of the
earth would know only the places
near which they were born Greater
emphasis could not be placed on these
facts by q repetition of them
would make any reasonable effort to
stop q movement looking to q destruc
ton Of business, or injury to the legiti-
mate rights and property OF railroad
companies.
The question in hand has persistent
~ been begged by those opposing lhe
pending legislation, by attempting to
show, that Il state with many railroads
is better off than it would be without
them. and that it is the duty of citi-
zens to encourage the building of rail-
roads. This is true, with the limita-
tiOn that the encouragement ought to
be of legitimate methods, and not Of
eXtortiOIate practices by the railroad
companies.
The fact that railroads are good
things, when properly managed. does
not at all make what is oppression and
extortion Il good thing, when pIactlced
by them, any more than If practiced
by others
railroad Companies.
The Supreme Court Of North Caro-
lima, and the Supreme Court Of the
United States, have SO often asserted
this doc ,rine that Intelligent persons
do not now deny it.
1t was not, when decided by these
courts, Il new doctrine, but it came to
us from Eng!ind, whence came the
common law. The Supreme Court of
the United States has said the bus-
ness of a public carrier is of q public
nature and in performing it, the car
rier is also performing, to q certain
extent, a function of the government.
Again this court says, 1T has never
been considered a matter of any i'm
porrance that the road was built by
the agency of private corporation.
No matter who is the agent, the func-
tion performed is that Of the State.
Though the ownership is private, the
use is public
Again, this court says: 'Eut a
surerintending power over the high
ways and the charges imposed upon
the public for their use, have always
remained in the government. This
is not only its indsputabla right, but
it is necessary for its protection of the
people against extortion and abuse"
1t is in the exercise OF these pow
ers that have been customary in Eng
land from time lmmemOrial, and IN
this country from its earliest colonial
ton, to regulate ferries. common car
riers, hack men, bakers, millers,
Wharfinsers, inn-keepers, etc, and in
so doing to fix a maximum of charge
TO be made for services to be render
cd1 Accommodate furnished and
articles sold" See Mum against Hill
nOis, 81 L. $. 113.
Again: THAT is. railroad companies
are carriers for hire, and they are in
cOrporated as such. and given eXtraOr-
Il-1T no.
the better serve the public in that ca
pacity. They are, therefore, engaged
in public employment. affecting the
public interest, and. under the de-
cisions in Mum VS. Illinois. subject to
Legislative control as 10 their rates of
fare and freight
Again, 1T must carry when called
upon to do so, and can charge only a
reasonable sum for. the carriage"
Chicago Railroad Company VS.. Iowa.
81. L. S. 161.
The Power to Fix Rates Carries With
Il the Duty OF the Legislature to Fix
Them with Justice to the Railroad
Companies and to the People.
rms General Assembly is now face
10 face with the duty to fix passenger
rates. 1t would have the same duty
with regard to freight rates, but no
legislature is wise enough to write a
complete schedule Of freight charges
and therefore it IS necessary to leave
those, to an extent. to a commission
that has more time and opportunity
to know what is Just, and who can.
from time to time, change the freight
rates.
We have sufficient information to
enable US to reduce passenger fares
Our duty to the people impels us to
see that the railroads do not charge
eXorbitant prices, and our duty to the
railroad companies impels us not to
limit the amount they may charge for
Transporting passengers to a point be-
low what would be reasonable and