THE PROGRESSIVE FARMER W 4 RAILROAD MONOPOLY. $ht Great Question Discussed by Penn- sylvania's Great Son, Jeremiah Sulli van Black, Before the Judiciary Committee of the Pennsylvania Senate v at the Session of 1883. INTBODUCTION. ' Mr. Chairman: The irrepressible conflict between the rights of the peo ple and the interests of the railro id corporations does not seem likely to terminate immediately I beg your permission to put our case on your record somewhat more distinctly than heretofore. Why do I give myself this trouble? My great and good friend, the presi dent of the Reading Railroad Com pany, expresses. the suspicion that I am quietly acting in the interest of some anonymous corporation. I wish to contradict that as flatly as I can. The charge that I am communist "enough to wish the destruction of all corporate property is equally untrue. I think myself the most conservative of citizens. I believe with my whole neart in the rights of life, liberty and property, and if anybody has struggled - more faithfully, through good report and evil, to maintain them inviolate, I ' 1 do not know who he is. I respect the State Constitution; perhaps I am preju diced in favor of natural justice and equality. Iam convinced that with out the enforcement of the fundamen tal law, honest government cannot be . expected. These considerations, together with the request of many friends, should "be sufficient reason for doing all the little I can to get "appropriate legis lation." At all events, it is unfair to charge me with any motive of due re or malice. It is not proposed by those who think as I do that any corporation shall lose one atom of its property. A lawful contract between a railroad company and the State is inviolable, and must not be touched by hostile Bands, however bad the bargain may lave been for the people. , Mr. Go wen; and all others with similar contracts in their hands, are entitled each to his pound of flesh, and if it be "so nomi Bated in the bond " the Commonwealth must bare her bosom to all their inives and let them " cut nearest the heart." But we, the people, have rights of property as well as the corporations, and ours are or at least they ought to be as sacred as theirs. Between the great domain which we have con- - ceded to them, and that which still belongs to us, the line is plainly and distinctly marked, and if they cross it : for purposes of plunder they should . "fee driven back under the lash of the law. It is not the intent of the amended Constitution, nor the desire of those who demand its enforcement, to do them the slightest injury. We only ask for that impartial and just - protection which the State, as parens patriot, owes to us not less than to them. THE COMPANIES NOT THE OWNERS OP THE RAILROADS. In the first place, it will, I think, be admitted by all impartial persons of average intelligence, that the com. panics are not the owners of the rail, roads. The notion that they are, is as silly as it is pernicions. It is the duty of every commercial, manufacturing or agricultural State to open thorough- fares of trade and travel through her territory. For that purpose she may take the property of citizens, and pay for the 4 work out of her treasury. When it is done, she may make it free "v to all comers, or she may reimburse the cost by levying a special tax upon those who use it; or she may get the, x load built and opened by a corporation or an individual, and pay for it by permitting the builder to collect tolls or taxes from those who carry and travel on it. Pennsylvania has tried all these methods with her turnpikes, . canals and railroads. Some have been made at her own cost and th ro wn " open: on others made by herself si placed officers to collect a specal tax; others have been built for her by con tract, in which some natural or artifi cial person agreed to do the work for the privilege of appropriating the taxes . which she authorized to be levied. But in all these case3 the proprietary ngnt remained in tne state ana was held by her in trust for the use of the people. - BAILBOAD AND CANAL CORPORATIONS ARE PUBLIC SERVANTS. Those who run the railroads and canals are always public agents. It is impossiDie 10 look at tnem in any other light, or to conceive how a dif ferent relation could exist; because - railroad which is not managed by public agents, cannot be a public highway. The character of these agents and the mode of their appointment, even upon the same work, have differed maten " f ally. The Columbia railroad, and all the canals, were for a time under the management of officers appointed by ' the Governor, or elected by the peo ple, and paid out of the State Treas ury. Afterwards the duty was de olved by the State upon persons as eociated together under acts of incor poration who contracted to perform it upon certain terms. The Erie and ; northeast railroad was at first run for the State by a company; the company removed from its trust for misbe havior; the Governor then took it and appointed an officer 'to k; later the Governor's appointee was displaced, with the consent of the Legislature, and the duty was again confided to a corporation newly char tered. None of these agents neither the canal commissioners nor the State Receiver, nor any corporation that went before or came after, had the slightest proprietary right or title to the railroads themselves. To say that they had would be as proposterous as to assert that township roads are the private property of the supervisors. A -RAILROAD BUILT BY AUTHORITY OF THE STATE, IN NO SENSE PRIVATE PROPERTY. The legal relations existing between the Siate and the persons whom she authorizes to supervise her highways was somewhat elaborately discussed by the Supreme Court of Pennsyl vania in the case of the Erie ' and N. E. R. R. Co. vs. Casey (2 Casey, pp. 307-324) It was there determined that a railroad built by authority of the State for the general purpose of commerce is a public highway, and in no sense private property that a cor poration authorized to rvn it is a servant of the Slate as much as an officer legally appointed to do any other public duty, as strictly confined by the laws, and as liable to be removed for transgres sing them. All the judges cone aired in this opinion. The two who dissented from the judgment did so on the technical ground that certain circumstances, which would have estopped the State in a judicial proceeding disarmed the Legislature of the power to repeal. Neither they nor any other judge in this country, whose authority is worth a straw, ever denied the doctrine for which I have here cited that case, though it may have been sometimes overlooked, ignored, or perchance evaded. This principle and no other was the basis of the decision in Penn sylvania and all the other States, that cities and counties might issue bonds or their money and tax their people to aid in building railways. Because they were public highways. Eds. The Supreme Court of the United States has affirmed it in scores of cases. It was so universally acKnowi edged that the convention of 1873 in corporated it into the Constitution as a part of the fundamental law. I do not know upon what foundation more solid than this any great principle of unsprudence was ever established m a free country. When in addition you consider the reason of the thing, and he supreme necessity of it for the purpose of common justice, it seems ike a sin and a shame and a scandal to oppose it. RAILROAD AND CANAL CORPORATIONS ARE PUBLIC AGENTS HOLD THEM HARD TO THEIR RESPONSIBILITIES. K being settled that the railroads and canals belong of right to the State or the use of the people, and that the corporations who have them in charge are mere agents to run them for. the owners, it will surely not be denied that all proper regulations should be made to prevent those agents from be traying their trust. . The wisdom is very plain of those provisions in our Constitution which put them on a level with other public servants, and forbid them to prostitute their func tions to purposes merely mercenary, or to engage in anv business which necessarily brings their private inter ests into conflict with their public duty. Seeing the vast magnitude of the affairs entrusted to them, and the terrible temptation to which their cupidity is exposed, it is certainly necessary that you hold them to their responsibilities, and hold them hard. THOSE CORPORATIONS DENY THAT THEY OWE ANY RESPONSIBILITY TO THE STATE. But, on the other hand, the corpor ations deny that they owe any respon-, sibility to the State, more than indi viduals engaged in private business. They assert that the management of the railroads being a mere speculation of their own, these thoroughfares of trade and travel must be run for their interest without regard to Dublic i right. If they take advantage of their power to oppress the labor and overtax the land of the State; if they crush the industry of one man or place to Duua up tne prosperity oi another; if they plunder the rich by extortion, or deepea the distress of the poor by discriminating against them, they justify themselves by showing that all this was in the way of business, that tneir interest required tnem to do it; that if they had done otherwise their fortunes would not have been so great as they are; that it was the prudent, proper and successfnl method of managing their own affairs. This is their universal answer to all com plaints. Their protests against legis lative intervention to protect tne pub lie always take this shape, with more or less distmctness of outline. In whatever language they clothe their argument it is the same in substance as that with which Demetrius, the silversmith defended the sancity of the temple for which he made shrines. "Sirs, ye know that by this craft we nave our wealth." That railroad corporations and their paid aanerents snould take this view of the subject is perhaps not very sur prising. Nor does it excite our special wonder to see them supported by the Buosidiary rings wnom they patron lze. xub, lb is amazing to find that this odious and demoralizing theory has made a strong lodgment in the minds ' of disinterested, upright and high-placed men. Two members of the Senate Judiciary Committee I do not say the ablest, because compari sons are odious but they are both of them among the foremost men of the country for talents and integrity :. these gentlemen emphatically dissent ed from me when J. asserted that the management of the railroads was not a matter of business to be conducted like private enterprise, merely for the profit of the directors or stock, holders. A heresy so supported is entitled to serious refutation, however aburd it may seem on its face. A PUBLIC DUTY MUST BE PERFORMED WITH AN EYE SINGLE TO THE PUBLIC INTEREST. I aver that a man or a corporation appointed to do a public duty must perform it with an eye single to the public interest. If he perverts his authority to purposes of private gain he is guilty of corruption, and all who aid and abet him are his accomplices in crime. He defiles himself if he min gles his own business with that entrusted to him by the government, and uses one to promote the other If a judge ex cuses himself for a false decision by saying that he sold his judgment for the highest price' he could get, you cover his character with infamy. A ministerial officer, like a sheriff, for instance, who extorts from a defen dant, or even from a convict in his custody, what the law does not allow him to collect, and puts the surplus in his pocket, is a knave upon whom ou have no mercy. You bend county commissioners to the penitentiary lor consulting their own financial ad van tage to the injury of the general weal. When the officers of a city corporation make a business of running it to en- rich themselves at the expense of the public, you can see at a glance that they are the basest of criminal?. Why, then, can you not see that the officers of a railway corporation are equally guilty when they pervert the authority with which they are clothed to purposes purely selfish? A railroad corporation is as much part of the civil govern ment as a city corporation. The officers of the former as much as the latter are agents and trustees of the public, and the public has an interest precise ly similar in the fidelity of both. Why, then, should partiality or extor- tion be condemned as criminal in one if it be tolerated as fair business when practised by the other? Yet there are virtuous and disinterested statesmen among us who think that faithful service ought not to be en forced against the railroad companies, however loudly it may be claimed by the body of the people as their just due, and no matter how distinctly it may be commanded by the Constitu tion itself ' I am able to maintain that all the corruption and misgovernment with which the earth is cursed, grows out of this fatal proclivity of public ser vants to make a business of their duty. Recall the worst cases that have occurred in our history and see if every one of them does not finally resolve itself into that. Tweed and his associates in New York: the Philadelphia ring; the carpet bag thieves; the Star Route conspirators; all went into business for themselves while pretending to be engaged in the public service. Oakes Ames distrib uted the stock of the Credit Mobilier where he thought it would do the most good to himself and others with whom he was connected, and that was business in him who' gave, and in them that took his bribes. Madison Wells, when he proposed to Mr. Kenner that he would make a true return of the election if he could be assured of get ting " two hundred thousand dollars a piece for himself and Jim Anderson, and a less sum for the niggers," had as keen an eye to business as if he had been president of a railroad company, instead of a returning board. Certain greedy adventurers made it a business to rob the Nation of its lands, and uniting with Congress carried it on so magnificently that they got away with an area nearly equal to nine States as large as Pennsylvania. The imposi tion bf the whiskv tax. nxr.lnrl in cr L.n ' , 7 wuai was neiu on speculation, was business to the officers and legislators wno were sharp enough to anticipate 4 1 x -r "li tueir own votes, xou win see on re flection that every base combination which officers have made with one another, or with outside parties, has been a business arrangement. precise- ly like that which the railroads justify on the sole ground that it is business. The effect is not only to corrupt those who engage in such transactions, but to demoralize all who are tempted by personal and party attachments to apologize for it. When the officer of the Pennsyl vania railroad company corruntlv bought the remission of the tonnage tax, and thereby transferred to their own pockets an incalculable sum just ly due to the State, it was business. rich to them and profitable beyond tne dreams oi avarice, while to the swindled tax payers it was proportion ateiy disastrous. Tne nine million steal of later date was a business en terprise which failed, because Gover nor Geary most unexpectedly put his veto upon it. still more recently the same organization undertook to n-et from the Treasury of the State four minions oi dollars to which it had no decent pretence of a claim. Never was any affair conducted in a more perfectly business-like way. The appointed agents of the corporation came to Harrisburg when the Legisla ture was in session, and regularly set up a shop for the purchase of mem bers at prearranged and specified price?. You condemn this piece of business because it was dishonest, but was it more dishonest than that which the same corporation habitually does when it stands on the highway, and by fraud or force extorts from indi vidual citizens a much larger sum in excessive tolls to which its right is no better than to the money it tried to get by bribery? The functions of railroad corpora- tions are as clearly defined and ought to be as universally understood as those of any servant which the Srate or General Government emolovs. r j Without proprietary right in the highways they are appointed to super intend them for the owners. They are charged with the duty of seeing that every needed facility for the use of those thoroughfares shall be fur nished to all citizens, like the justice promised in Magna Charta, without sale, denial or delay. Such services, if faithfully performed, are important and valuable, and the compensation ought to be a full equivalent; accord ingly they are authorized to pay themselves by levying upon all who use the road a tax or toll or freight sufficient for that purpose. But this tax must be reasonable, fixed, certain and uniform, otherwise it is a fraud upon the people which no department of the State Govern ment, nor all of them combined, has power to legalize. IT IS EASY TO SEE THE MISCHIEF. ETC. It is much easier to see the nature and character of the mischief wrought by the present practices of the railroad companies than it is to calculate its extent. If your action depends in any degree upon the amount of the spoilation which the people - of the State have suffered, and are now suf fering for want of just laws to protect them, you certainly ought to direct an nffimn.l innni'rv into t.h an "hi on f. ttnH j ll ascertain the whole truth as nearly asJ But investigations have already taken place in Congress and the Leg islatures of several States; complaints founded upon specified facts come up from every quarter; verified accusa tions are made by some of the com panies against others; railroad men have openly confessed their fraudulent practices, and sometimes boasted of the large sums they accumulate by them. Putting these together, you can iorm at least an approximate cal culation. I doubt not you will find the sum total of the plunder they have taken in the shape of excessive charges to be frightful. Three or four years ago a commit tee of the United States Senate col lected the materials, and made a re port upon this general subject, in which they showed that an excess of five cents per hundred weight charged on the whole agricultural crop of the then current year would amount to seventy millions of dollars. Upon the crop of the la3t year it would doubt less come nearer a hundred millions. The railroads would not get this sum, because not near all of it is carried, but it would operate as an export tax operates; that is to say, the producer, the consumer, or the intermediate dealer, would lose that amount on the whole crop, carried or not carried. In 1880 the charges from Chicago to the eastern markets were raised from ten cents per hundred weight to thirty-five cents, the latter rate being un questionably twice as high as a fair one. You can count from these data the terrible loss sustained by the land, labor and trade of the country. It was the end and the attainment of a combination still subsisting between thegreat trunk lines, as they are called, to pool their receipts, to stop all competition, to unite the stealing power of all into one grand monopoly, and put the whole people at their mercy. It was a criminal conspiracy by the common and statute law oi all the States. THE RIGHT TO RAISE OR LOWER THE . RATES. The magnitude of these excessive charges is not the worst thing about them. The corporations tninK it per fectly right to raise or lower the freight a3 they please without regard to the rights or interests of anybody but themselves. A grain grower, manufacturer, miner, or merchant, who can sell his goods at a profit, if he can get them carried at the rates of to-dav. may find himseli ruined to morrow by an increase which did not enter into his calculations. A rise in the market enures not to the benefit of the producer, but to the use of the carrving corporations, which openly avow that their rule is to charge in all cases as much "as the tramc will bear:" that is to say. as much as the shipper can submit to without being driven entirely on the road, x ou must see plainly that this power to de- nress asrriculture. to diminish the nrofits of manufacturing industry, and to skin the commerce of the whole countrv bv the arbitrary use of a slid ing scale upon freights, cannot safely ha trnsted to human nands, ana especially not to irresponsible corpora tions whose interest, as well as their acknowledged principle of action, con stantly impel them to abuse it. Can it be that a Pennsylvania Legislature will hesitate to curb the career of this destructive monopoly by adjusting the charges according to some rule equit able, fixed and certain. THE WRONG OF DISCRIMINATION. But even this sinks into insignifi cance compared with the wrong and evil of their discriminations. Com mon justice, sound policy, every sense of duty, the whole spirit and letter of the law, requires them to give every man equal facilities in the use of the roads, and to charge them at the same rates for the same class of goods, ac cording to weight and distance. There can be no possible doubt about this. Every unprejudiced man who has sense enought to know his right hand from his left acknowledges that equal ity must be the rule of right; and he understands this perfectly well with out looking at the Constitution, where it is solemnly declared to be part of the lex legum, the law of laws, and the rule of all rules on the subject. Yet this sacred principle is constantly and steadily violated, trampled under foot and treated with heartless contempt. At the slightest glance you will see the enormous injury, direct and con sequential, which these discrimina tions inflict upon the public. A man who invests his capital, or employs his time in mining or manufacturing, car be driven into bankiuptcy at any time by a discrimination against him, and in favor of his competitors. This is done every day, and all the time, not in a few cases here and there, but systematically and regularly, whenever a carrying monopoly conceives that its own interests can be promoted in that nefarious way; and it will continue to be done until the prohibition of the Constitution is enforced by penal en actment. THE FOUL BULK OF THESE ENORMITIES. Instead of breaking the foul bulk of these enormities, I will give you a sample; convenient, because it is small and easily handled. A neighbor and friend of mine (in partnership with another) became the lessee and opera tor of a coal mine in Northumber- land. For a short distance they were obliged to carry their product over one of the bra aches of the Pennsyl vania company; they were charged for the use of the road and motive power alone there was no loading or unloading in the case, and no cars were furnished by the company at about the rate of twenty cents per ton per mile; while others whom the mo nopoly chose to favor were let off at two cents. They paid the excess under protest, and brought suit uo re cover it back. It was as simple a case of extortion as can be conceived ; but certain officers of the Pennsyl vania Railroad Company swore that in their judgment it was right to commit it, and moreover declared that it was a usual, common and customary prac tice. I blush to acknowledge that m all this the Supreme Court endorsed and abetted the corporation. The dialectics of the decision turned on a prohibition in the charter against charging more on an average than four cents per ton per mile which was construed as a legal warrant for any robbery of one person which the com pany could prove to be balanced by the aggregate of favors shown to all others. But neither the greatest cor poration in the State, nor the highest judicial tribune, paid any respect whatever to the principle that all men's rights to the use of a public highway are equal. It is known and not denied that this equality of right (sacred and funda mental though it be), is by the com mon practice of carrying companies corruptly disregarded. If you want to drive business com petition out of the field, bribe a rail road, manager to raise the freights upon your rivals and lower your own, or take the whole board of directors into partnership with you, or promise to divide the spoils with the corpora tion, and they will make you a mo nopoly with power to plunder, limited only by the rage of your dealings. The loss thus inflicted upon the worthiest men in the land is startling- Wy large. By a single one of these arrangements that with the standard Oil Company the estimated injury direct and consequential to honest persons within the State, amounts to Pnot less than a hundred and fifty mil lions of dollars. or this fact you have the statement of Mr. Gowen, Lwhose veracity no man that knows mm will doubt, and whose faculties of observation, sharpened by a personal interest in tne suoiect, maxe mm a most intelligent witness. TO BE CONTINUED. . . ' THE MULE. muie is always wortn per cent, more than a horse because 50 per cent better. Close acquaintance with mules for about five years has taught me this fact. They are really more docile than horses; are hardier; do'more work; eat less: and thrive upon coarser fare; are never sick un less shamefully ill-used or ill-fed; live longer and are more useful while they live. I never saw a mule team run away. Mules rarely stumble on the rougnest roads; are scarcely ever baity and will pull heavy loads as steadily as an oxen, hanging on in the traces with all their weight, without - anv ierks or civinc hoi- ry. quently the harness lasts longer than with , horses. They may be made as kind in disposition as horses by thp same kind of treatment. A pair of young mules, coming 3 years old which I have raised, will come whei I whistle for them from the far end of a 100-acre pasture lot; will eat corn or take salt from my hand ; will enjoy petting as much as the horse colts and have never yet lifted a foot to kick. The mule is made vicious by vicious treatment; it has the patience hardiness, abstemiousness and docility of the ass, with the strength and in. telligence of the horse. There is money m rearing mules, and economy in using them anywhere. Tribune Correspondence. RAISE MORE HORSES AND CAT TL,E. The United States is a great horse and cattle producing country, yet the importation of these animals into the United States within a period of eleven months, ending June 1, 18S9 would indicate that it is necessary for other countries to assist us in supply, ing our home demand. According to facts gathered from United States treasury reports there were 50,529 cattle and 46,230 horses shipped into the United States on which duty was paid. Of course they were not for breeding purposes, as breeding stock is exempt from tariff duty. The in quiry naturally follows: Where did they come from ? This we are not prepared to answer, but we will sup pose that a large portion of the horses were of the Mexican , pony stock ana shipped in from ' that country. We do not favor such importations. This pony stock of horses are a curse to this country, and any country ad vanced in the improved stock business as we are. We see farmers in the West who have been induced to buy a team of ponies on account of price, toiling away in an effort to cultivate the soil with a team in no way quali fied to do the work. The result is a failure partial or entire. They are vicious, treacherous, small and an absolute nuisance in the hands of all persons except the trader. Ex. ORGANIZING. Evidence is coming in from all sides that the farmers throughout the coun try are organizing for self-protection. It is one of the best signs that they begin to see what is the proper method to secure themselves against those who have been plundering them right and left in the past. We hope this organization will not end in the mere establishment of ex- changes for selling produce and pur chasing the necessaries of life for the farmers. These things are only the beginning of the reforms which are needed. It is one great step in the right direction to get this much, and if we can get no more we may con gratulate eoch other on accomplishing this much. But let us get more. Farmers constitute a vast majority of the citizens in our country and they should have a corresponding ma jority in all the responsible positions in legislation throughout the land. From the President of the United States to the Governor and represen tatives in our State Legislature the farmers should be in the majority. It is the height of folly to say, take no organized action about who shall make and execute our laws. We want farmers and the friends of agri culture wherever we can get them, and we must have farmers at the head of political affairs if we would have them as we wish them. It is very well known that laws are of such an intricate nature now that very few can understand them and the way of justice is hard to find out. The vast machinery of the law is more complicated than steam engines or electiical motors and why? Because our rulers have been to a very great extent lawyers men who have no sympathy with farmers, and whose in terest consists in promoting feuds in stead of cultivating peace; who grow fat upon laws which have been fash ioned especially to accomplish this end. We want plain, hard-common-sense farmers in the majority, that laws may be made plain and justice may be had without the necessity of quib bles and technicalities, and without the chance of escape of criminals through the omission of a word or the neglect of a formality. Most of all we want farmers in the majority in State and United States legislative.halls that farmers may have their just share of the benefits coming from laws which bear upon fanning interests. We should have the Presi dent, Governors and legislators to the extent necessary to secure those rights which are now torn from us to build up millionaire manufacturers, corpor ations and monopolies generally a3 well as the vast trusts which openly defy the right in their greed after the farmers' toil-earned dollars. Let the organizing go farther, then, than the selling of produce and th3 buying of a few articles for the house and farm. Let it resolve, not in the spirit of Democrat or Republican, but in earnest co-operation to place farm ers to rule over us, to make and .exe cute the laws upon which depend all our welfare and happiness. Maryland Farmer. 1