Year: 1874

No one will question bat 1t is the duty
Of the State, through its Legislature, %
provide for the protection OF every class
of its citizens, Without the protection Of
government and law, the lie and prom
tty Of ,he weak and helpless would be
at the mercy Of the strong. The theory
upon which all government is based we
understand TO be this-that each member
Of community delegates to the COM
munity as whole his rights of self-pro-
lection rcserying them to himself only
for those occasions when law is powerless
for his assistance.


The power thus delegated being almost
absolutc, it follows that its exercise should
be guarded in such manner that while
faithfully protecting the interests of the
governed, it does not create imaginary
crimes, and in legis'ating for their pun.
ishment do the supposed criminals wan
ton, irrcparablc injury. This is a point
Nyhich our Legislature has now reached.
In the exercise Of its delegated power it
propose. to prohibit determination at the
hands Of the transportation agencies, by
fixing uniform rates of fare and freight,
ahiXing penalty to every violation Of
the law by the agencies. Charges Of dis
elimination have been freely made in the
columns Of the public press, and were so
often reiterated that many were led to
believe that ruinous discrimination was
actullypracticol against persons and pla-
ces-that the railway company rewarded
friends and punished enemies, by carry
ing freights at low rates for the one,
while higher charges We're demanded Of
the others. Charges Of unjust discl imin-
alton had been made against the Central
Pacific 50 frequently, that we, in common
with many others, believed there must
be some foundation for them. But now,
that the Legislature whose duty it is to
prevent and punish practices Of this char
acter, is unable TO elicit any proof that
such practices had an actual existence,
we are compelled TO the belief that the
charges originated in the diseased brain
of newspaper editors who had gone mad
upon railway questions, or that they were
preferred by irresponsible parties who
knew chem to be false. When these cd
itols arc invited to appear before legis-
laGve committee spFoiated to investigate
this vary subject, they fall back upon the
pea that their sources Of information are
private. and not to be disclosed. And
when a member Of the Assembly asks
the committee Of that body for the in
formation it has obtained in reference to
the alleged determinations he is put off
with the thin prctence that it will not
do to make public the facts Of the cases,
aad the names Of the witnesses, lest the
railway company in revenge, ruin the
business of these whe dare to appear and
testify against them. Ths, too, in face
of the fact, that the Legislature wishes
to pass an act to prohibit just such Of
fenses in the future, and should be placed
in possession Of every particle of evidence
tending to cast any light upon the sub
JSOI1 Ni4t'I NOlIU dIN JIltiIl III lDcIf cflQcaN-
ors. The Star Chamber" of the AS
scmby, It's committee on corporations,
tries, conyicts, and proceeds to punish
the crime Of discrimination upon er parte
te-timony and while asking the Assem-
bly, to confirm its judgment, refuses to
give the Assembly the evidence upon
which it claims that judgment was based.
Bah II discrimination could be proved
the evidence of it would be blazoncd
forth in the columns az every ant-rail-
road paper in the State But it cannot
be proven, unless the ipyc dicu of preu-
diced editors is to be accepted as proof.


None Of the alleged cases of discrimin-
alton and cXtolti)n are represented as hay
ing occurred in the Northern portion of
the State. But the representatives from
this section are none the less bound to
aid IN the punishment Of such acts, let
them be committed where they may
We hold, however, that is their duty TO
require evidence Of the crime before they
proceed to infict summary punishment
This is what the law demands in all other
cases, and because the accusation hap
pens to be leyclcd against the Railroad
Company is no justification for making
their case an exception.