Monopolies -- United States; Railroads and state -- United States
When the general assembly met again, in 1866, the matter of railroad
discriminations against our people had assumed a still more momentous
shape. The greater portion of our time during that session was occupied
with that question. Weeks after weeks were spent mainly discussing
whether or not the state had the right to prevent unjust discrimination
or in any way control railroad corporations as to their charges. The
then attorney general (Hon. F. E. Bissell, now deceased) gave it as his
official opinion that the state possessed no such right; but that in the
matter of tariff charges, those corporations were above and beyond all
legislative control. Whether the fact that he was a "railroad attorney,"
as well as attorney general for the state, had anything to do with
influencing his "opinion," is not for me to say. We had able lawyers of
the very opposite opinion, but the fact of this announcement gave great
encouragement to the railroad party, and was calculated to dishearten
those of us who believed that the people had some rights which even
corporations should respect. It was now openly declared by eminent
attorneys, both in the legislature and in the powerful "lobby" that hung
around us, that in the original "charter," or grant, the state, while
reserving the right to "enact rules and regulations," had either failed
or neglected to reserve, in specific and "_express terms_," the
particular right to regulate and limit tariff charges, and therefore she
could not now exercise that right, and could never regain it.
Public-domain text, read in full here on John Shaqi.
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