Democratic Sentinel, Volume 4, Number 45, Rensselaer, Jasper County, 17 December 1880 — Railroads And The Publics [ARTICLE]

Railroads And The Publics

[lndianapolis Sentinel.] Oue of the most important documents, bearing upou the internal commerce of the country, is the letter of Judge Jeiemlah S. Black, o[ Pennsylvania, addressed to the Com. inittee on Railroad Transportation of tho Now York Chamber of Commerce, in roepouce to a number of questions propounded by that organization, relating to railroad freight rates. These questions bring into prominence the fact that the great trunk lines are making discriminating charges for the transportation of merchandise to the injury of the country. It is stated that freight can be sent from New York to San Francisco a cost of $2.50 per 100 pounds, while to send the same weight to Sait Lake City costs $4 per 100 pounds. Judge Black’s letter discusses at some length the rights of the public in a way well oalculated to open the eyes of the pnblic to the flagrant wrongs inflicted by railroad corporations. Judge Black is of the opinion that railroad men misunderstand their situation. He says: They believe, or pretend to believe, that railwuvs are the property of the Companies authorized to run them, •vhich is a cardinal error, and the pa rent of much talse argument. A public highway cannot be private property, anal a railroad laid out and built by the authority of the State for the purposes of commerce is as much a public highway as turnpike road, canal or navigable river. It is the duty of the state to promote intercourse and trade oy making highways of tlie best sort through her territory. To this end she may take land and materials which is an exercise of the power of eminent domain. She can build a railway at her own expense, using the direct agency of her own officers, and after it is built she can make It free to all comers of reimburse the cost by special tax on individuals who have occasion to use to use it. She can delegate tha taking and the taxing powers to a corporation or a natural person; and that is what she always does when ene grants a railroad charter. But in either or any case the road belongs to the State, and all the people have a right to use it upon compliance with the necessary regulations and payment of the proper tax.

Admitting the doctrine set forth by Judge Black, and it is undoubtedly foended upon law and common sense, it is easy to see that the whole subject of railroad transportation is a matter to be regulated by law.— Judge Black remarks that railroad corporations who have got into the habit of calling themselves the owners of the said roads, “have no propriety right, title or claim to the road themselves, but a mere franchise annexed to and exercisable thereon,” and adds— They are agonts of the State fo* the performance of a public duty. If the franchise be forfeited or surren* dered, or if it expire by afflux o : time, the State takes possession o* the road and runs it jherself or em* ploys a new agent. The Company can not keep the road any more than an outgoing collector of a port can appropriate to nim himself the Custom House where he did his official

work. The Stata having need for a public highway at a particular place, makes a contract with a corporation to open and to put it in condition to bo used, and by way of reimbursing the builders and contractors she authorizes a tax upou those who travel or cary merchandise over it. But this tax must be reasonable, just, uniform, prescribed and fixed, so that every citizen may know beforehand exactlyjhow much he must pay that when he pays or tenders the proper amount he will acquire an absolute and perfect right “to the use of the road.” The amount of the rax, toll or freight in anv ease is n<'t a subject of bargain between the shipper and the corporation, but a thing to be settled, fixed and nrescribed by public authority. If the Company may charge what it pleases then ths road is not a public high way; the public has no rights in it at all, and the charter whieii author izes the taking of the land to build it is unconstitutional and voli.

The principles enunciated by Judge are uot new, but have been , stated by Judges of eminent abilities, > and are not opposed by any high au j thority. The requirement of the : times Is to get the laws relating to the rights of railroads and their con- j trol overfreight rates fairly before the | public. As the matter now stands, j railroad corporations claim every- j thing. According to their theory the public have no rights that they are required to respect, and their arrogance has so far served them a good purpose. The people are ignorant of their rights, and submit to extortion and oppression. With more knowledge upon the subject, their methods for obtaining redress would be more likely to meet with success. Few men comprehend the vast power of railroad corporations in shaping legislation aud in maintaining their as Burned rights in the Courts. It is es timated that the railroads of the country represent $6,000,000,000 capital. If the estimato is even approximately coirect, who Is able to estimate their influence upon political, judicial and commercial affairs? “If railroad corpoiatious,” says Judge Black, “hare the unlimited power which they claim, then all business is at their mercy—agriculture, commerce, manufactures, must sufier what they ohoose to inflict. They may rob labor of the bread it wins and deprive all enterprise from its just reward. Though this power does not belong to them legally they have been permitted to usuro it, and I need uot tell you that they have grossly abused it. They avow that they make their extractions with an eye single to their own advantage, without considering any right or interest of the public. They boldly ex- v press their determination to charge as much as the traffic will bear; that is to say, they will take from the profits of ,every man’s business as much as can be taken without compelling him to quit it. In the aggregate this amounts Jto the most enormous, oppressive and unjust tax that ever was laid upon the industry of any people under the sun. The irregularity with which the tax is laid mVkes it harder to hear. Men go into business which may thrive at present rates aud will find themselves crushed by burdens unexpectedly thrown upou them after they get started. It is the habit of the Railroad Companies to change their rates of transportation often and suddenly, and in particular to make tho changes ruinously high without any notice at all. The farmers of the great West have made a large crop of grain whloh they may sell at fair prices if they can have it carried to the Eastern ports, even at the unreasonable high freights of last summer. But just now it is said that the Railway Companies have agreed among themselves to raise the freight five cents per hundred weight, which is equal to an export tax upon the whole crop of probably $75,000,000. The farmers must submit to this highway robbery or else keep the products of their land to rot on their They submit, of course, as all other classes of industrious people submit to similar impositions. Common justice imperatively requires that frei’ts be fixed, settled and prescribed by law, and that they be not changed at the mere will of the Railroad Companies.” Manifestly, Judge Blaok has struck the key-nota of a ure in the treatment of the dealings of railroads with the public, and it is of the highest importance that people should become entirely familiar with the subject.

The Rebublicans of New York in the Legislature passed a law regulating the printing of tickets. It is very strict and pointed in its provis ions and among other things, says that there shall be no distinguishing marks printed on the backs of tickets. Yet in the face of this law, enacted by themselves, the words “Re* publican Electoral Ticket,” were printed on the oacks of thousands of tickets in tb« % manufac* turing and mining districts. This was the means adopted by the employers to bulldoze their hands and force them to vote for Garfield and Arthur, under the penalty of losing their places. The difference between this proceeding and the shot-gun, is like that between tweedle-dee and tweedle-dum. In 1876 we were told tnat there had been a violation of the law in Louisiana and the votes cast could not be eounted. The result was the throwing out of thousands of votes, which gave the State to Hayes. Suppose, now, that the Re. publicans of New York should be confronted with the strict application of the law of that State in the late election, who could complain? Certainly not the men who to secure partisan results openly violated an express statute. What was sauce for the Republicana in 1876 in Louis? iana may now turn to haunt them in New York in 1880. Let the laws be strictly lived up to is our motto, let

the results b.' what they may. The time has come for the American people to see that this thing is done in ail the States,—lluntingtop Democrat. A lew years ago Garfiield delivered au addles - at Williams College in which he very fuily committed himself to civil-s.-rviee reform, as follows: “Congressmen have become the dispensers, somesioies the brokers of patronage, and civil office has become a vast corrupting power to be used in running the mrchine of party polities. Every man of the 102,000 feels that his only hope of staying in is in toadying to thoss in power, so that the offices arc an immense bribe, securing the party in power an army of retainers who are the most servile of their >ort in ihe world. Nothing less than absolute divorce of the appoint'd!, from Congress can remedy the evil. It should be done so completely that every member of Congress shall be able to make such a boust as Thomas Hughes, M, P,. did on his visit to this country-that, although he was personally on good terms with every member oT the Cabin ‘t he could riot influence the appointment, o. u clerk.” That is a pretty sweeping and effective kind of civil-servide reform. Will Mr. Garfield stand by the programme?

Gen. b'.hofiekl, us superintendent of the West Point military ucademy, has got himself thoroughly disliked by most Republicans, because he thinks the negro cadet Whittaker, scratched his own ears, and for the further reuson that Gen. Schofield thinks the negro cadets have failed, because they are intellectually inferior to the white cadets. The white boys at the military academy insist on ti eating the negro boys socially just as the republicans at homo treat the ir negro neighbors, and that makes the Republicans at home mad at the white boys at school. The philanthropy of the average Republican for the negro is always a loag range affair and is sure to be wasted on some body away from home. He is mad at Southern men, aud at the white cadets, at West Point for refusing to do exactly what he refuses to do every day, i. e., make the negro his social equal in all respects. The average Republican would see much clearer if he would get a powerful derrick and lift the mote oat of his own eye.