Weekly Jeffersonian. (Atlanta, Ga.) 1906-1907, February 28, 1907, Page 9, Image 9

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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.) e•• • . ...» 1 • ‘ . 9