The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-04-15
RAYNER ON
RAILROADS

Washington, April 15-DeclarinE
himself tho advocate oi states and
not OF railroads. Senator Rayner of
Maryland. today addressed himself To
the general aspects OF the admins
tration railroad bill. while that meas
ure Was under consideration for
amendments.
Mr. Rayner gave special consider.
alton to the provisions relating 10 the
Issuance of stocks and bonds by rail-
road corporations. which. he contend
ed. we're no part OF the regulation OF
commerce. But assuming that they
do constitute such a regulation. he
claimed that insofar as the state char
ters 10 railroads were concerned. the
provisions were contrary TO the con
stltutlon
He asserted that congress would
have AS much right 10 lower salaries
OF officers of a road or 10 decrease the
wages OF IT'S employee as II would
have to regulate its Issuance OF stocks
and bonds
There Is" he declared. mo dccis-
lon Of any OF the federal tribunals
that have ever reached such a point
OF construction OF federal superyis-
ion. There is no text writer or com
mentator that / have read who have
ever advanced the doctrine that reg
ulation of commerce carries with II
the right to regulate every act In con-
nection with interstate corporations.
from the inception OF their charter all
through their organization and through
their organization and through every
corporate act that they perform. and
unless / hear some other ground adj
vanced for this construction. | must
beg TO offer my dissent thercfrom."
He contendcd that a charter is a
contract between the state and the In
corporators and he argued that the bill
contemplated the violation OF the OBJ
legation OF such contract Mr. Ray
neT declared that he was not in the
senate as the representative OF a rail
road. and added:
II have never accepted any employ
ment from them In my profession al
though | have had many an opportun-
lty To do so. and have never advo-
Gated their claims before any judicial
forum or legislative assemblage. My
hands are absolutely free. ! am their
friend when they do what Is right,
and their enemy when they do what
Is wrong They are the pride of the
country as they nre a curse when they
territorialiZe the land and appOrtion
il among themselves as their subJu-
gated province. and they are men
ace 10 our institutions when they In
wade the halls Of legislation and at
tack and trample upon the immemor
ial rights OF the people
Il do not know whether they are
for this bill or against 1t. and | do not
care. Having had no communication
with them or their agents or attor-
neys, I am utterly ignorant Of the po-
sitiOn they occupy | am here in de-
fense of the states and not OF the
railroads.
Contending that il never had been
contemplated that the right TO grant
corporate charters should be take3
from the states, MI Hayner said:
1T Is one OF their reserved rights
that must he maintained inyIolatc
and Intact. If We can do this. We can
literally destroy these charters. II
this is interstate commerce. then eY
erythlnG In the vocabulary is inter
state commerce. challenge the coA.
stitutionality OF these provisions.
charge that by violating contractual
rights granted by the states they un.
dermlne the fundamental law of the
land. that they practically oyerrule the
maxim oil the Dartmouth college case.
now conceded to be Incorporated into
the law by every text writer Oh the
subject
7 claim that the fifth amendment to
the constitution Is applicable to this
bill. even where the constitutions Of
the states or their laws or the char
ters they have granted are subject to
alteration. amendment or repeal. The
congress OF the United States cannot
thus deprive the states OF their vested
and inherent rights. exercised for over
a hundred years. without being chal-
lenged OF questioned and never viii
| believe that the supreme court will
over sanction such revolutionary
doctrine