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chase these at a moderate figure, or could
build for itself.
Tn this way, Government ownership of
railways, by states, could be readily put into
operation.
This would in time give way to Government
ownership by the Federal Government.
But if the State of Georgia, for example,
should boldly declare war against the North
ern capitalists who use our railroads to rob us
with, and should forfeit the franchises for
Misuse, see what a revolution it would be.
With the State Road to start with, we could
form a magnificent state-system of railways,
and set an example of smashing the Wall
Street combines that would arouse every state
in the Union to imitation.
M M
A Miracle in Pennsylbania.
It is something that you will hardly believe,
but it is so—the Legislature of Pennsylvania
has actually thrown off the yoke of the Penn
sylvania Railroad.
With a rush that nothing could stop, and
with jeers at the corporation hirelings who
tried to prevent it, a 2 cent per mile passenger
rate bill was passed.
The time was when it was the customary
thing for some helpless member of the honest
minority in the Pennsylvania Legislature to
say, at the close of the session:
“Mr. Speaker, if the Pennsylvania Railroad
has nothing further for this House to do, I
move that we adjourn.”
But things have been changing in that
state, as in others. The rule of the corpora
tions is rousing the masses into revolt every
where. Pennsylvania had her anti-corporation
campaign, and elected a legislature pledged to
Reform.
After this had been done, what do you sup
pose the corporations did?
Speaking through the notorious Geo, F.
Baer, President of the Reading Railroad, and
Boss of the Coal Trust, the legislators were
asked to disregard their pledges to the peo
ple !
Happily, Baer and his satellites were
scoffed at, derided and thrust aside.
Os course, this was no more than right—
but it is not every legislature that keeps its
pledges to the people.
There was the Legislature of Colorado, for
instance, which refused to put into statute
law a constitutional amendment which had
been adopted at the polls.
What might have been the consequences
had the Legislature obeyed the instructions of
the people no one can say,’ but everybody
knows what consequences followed the legis
lative refusal to obey, viz., a barbarous and
bloody civil war.
HMM
Forfeit the Charters
Under the partisan decision of the Supreme
Court of-the United States in the Dartmouth
College Case, the state which grants a char
ter can not afterwards alter it.
Thus the law-created person, the Corpora
tion, is exalted to higher ground than that oc
cupied by the God-made man ; —for the law can
change his status whenever the legislature or
Congress gets ready. ’ •
Vast abuses have grown out of the utterly
absurd decision in the Dartmouth College case
**• • * * ' * ’• •
THE WEEKLY JEFFERSONIAN.
—a desision without parallel in the history of
civilized nations. This decision has been a
curse to our country from the time it was
made to the present day.
But if the President and Congress are in
dead earnest and want to bring our railroad
kings to their knees, there is away to do it,
in spite of the Dartmouth College Case.
The Charter of every railroad can be for
feited, if it can be proved that there has been
a misuse of the franchise.
A corporation charter can be destroyed in
three principal ways—by Non-use, by Misuse,
and by voluntay surrender.
Is there a railway company-in the United
States that, has not Misused its franchise in
the granting of rebates to favored shippers?
Tn discriminating against certain shippers by
refusal to furnish cars? Tn granting of
special rates to favored towns? In the refus
al to obey the law, state-and national? In the
use of the franchise to earn fabulous sums up
on fictitious valuations, to the neglect of the
true purpose for which the franchise was
granted, towit, the prompt and safe transpor
tation, at reasonable rates, of freight and pas
sengers ?
As a lawyer, there is no doubt whatever
on my mind that every railroad franchise
which has been used in the Public-be-damned
spirit, has been MISUSED in the meaning of
the law, and can be forfeited.
And, perhaps, this is the sword of Damocles
which the railroad kings will see after awhile
—and when we get a President and Congress
that want Government Ownership, the rail
road magnates are going to be ready to sell
out.
Os course, they will make us pay a thunder
ing price—but we have nobody but ourselves
to blame for it.
Like a lot of idiots, we kept in office the men
who gave the corporations all they asked for
—and we must pay the penalty of our folly.
* a? *
A Protest Trom Panama.
Elsewhere will be found a letter from A. H.
Benhard, Ph.G., Hospital Steward, U. S. Navy.
The writer’s suggestion that Hickey might
have died from joy seems rather unfeeling
when we remember that he actually died in
irons, a prisoner in the hold.
He wasn’t given much chance to die of
joy.
it was unnecessary to remind me of the rule
which forbids shorcleave during the coaling
of the ship, for I had stated the rule fairly. The
point made by me was that the Commander
could have reminded Hickey of the rule b”t.
at the same time, have promised him the de
sired leave after the coaling had been finished
Then there would have been no dead man to
hand over to the wife who had come from Vir
ginia to New York to greet her husband.
n n «
A Georgia Lady Writes on Immigration.
Elsewhere is p.rintcd a letter in favor of Im
migration. Tlie writer is a lady of this state,
who has been misinformed as to my position.
If site would read the Atlanta speech,' she
would know that, while in .favor of the right.
kind of immigrants, 1 am opposed to the whole
sale (lunipage upon ns, by the steamship com
panies, of the criminal and pauper classes of
Europe. •
M *. •*' ' f » » * , • * A ••«•••«» ** »». • • ••«
Hon. Polvdre Phinizy and the Georgia
'Railroad.
Hon. Bowdre Phinizy has come back at the
railroad commission in an amendment to his
original complaint filed with the commission
against the Georgia Railroad about a month
ago. As requested by the commission, Mr.
PHINIZY has made his charges SPECIFIC,
and I hope they are SPECIFIC enough to
suit even the railroad commission.
The amendment requests:
T. That an order be passed by the railroad
commission requiring the defendant company,
within ninety days, to equip or cause to be equip
ped, every locomotive used in regular passenger
traffic upon its road, with an electric or other
high power headlight or modern design, upon
the pain of suffering the penalties prescribed
in section 2195 of the code for each and every
default.
2. That an order be passed by the railroad
commission requiring the defendant company
within six months to replace every rotten and
unsound crosstie upon its main or branch lines
of railroad with a sound, strong and suitable
tie of approved material and dimensions, upon
the pain of suffering the penalties prescribed
in section 2195 of the code for each and every
default.
3. That an order be passed by the railroad
commission requiring the defendant company
within twelve months to remove from its main
line of track between Augusta and Atlanta,
each and every rail length weighing less than
eighty pounds to the yard, and replace the
same with a steel rail weighing not less than
eighty pounds to the yard, and of approved de
sign and dimensions, upon the pain cf suffering
the penalties prescribed in section 2195 of the
code for each and every default.
4. That an order be passed by the railroad
commission requiring the defendant company
within twelve months to remove from its Ma
con branch road each and every rail length
weighing less than sixty-five pounds to the
yard, and of approved design and dimensions,
upon the pain of suffering the penalties pre
scribed in section 2195 of the code for each
and every default
5. That an order he passed by the railroad
commission requiring the defendant company
within eighteen months to ballast Its entire
main line and its Macon branch road with
broken stone, with gravel or some other effi
cient, safe and serviceable material, wherever
the same is now ballasted with dirt, mud or
other unsafe. Inefficient and unsuitable mate
rial.
6. That an order be passed bv the railroad
commission and served upon the defendant
company requiring it to be and appear before
the railroad commission upon a certain dav.
and then and there to answer fullv under oath
the complaint that has been made against it.
and in said answer to show cause, if any it
can. why the prayers of the complainant be not
- granted. ' Tl ’’
7. That the lessee companies, the Louisville
and Nashville "Railroad Company and the At
lantic Coast Line Railroad Company at the
same time be required to file for Inspection hv
the commission and bv the complainant, certi
fied copies of all books, letters, accounts, pa
pers and writings of any character within the
possession, custody or control of them or eith
er of them, relating to the purchase nf cross
ties bv said lessees during the last six years,
and also all paper, letters, accounts, memoran
da or writings showing the actual number of
crossties purchased and put in the said road
during the last six years; and also all papers
and writings of any character showing con
tracts for ties which said lessees now have out
standing.
Let Data Be fifed.
R. That the said lessees he required to file
with the commission at the same time and for
the same purpose certified copies of all papers
showing renewals of crossties and all repairs
• or Improvements to roadway made since the
31st of December. 1906.
■ft. That the said lessees at the same time
and for the same purposes be required to file
with the commission certified copies of all ro»
'• (Continued on page 13.)
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