Legislation on Railroad Tariffs [pp. 318-323]

LEGISLATION ON-. RAILROAD TARIFFS.
brow and about the mouth, and a strange
look of care to the eyes-a look as of
one in torment. Yet pride clung to the
fair repute; avarice, to the money-bags
that were dragging downward - ever
downward. The black hair became
sprinkled with gray, the firm shoulders
began to stoop, the look of care in the
eyes became more it was the look
as of one who holds a hand in the fire.
One day I walked with a friend down
one of the fashionable streets of Rincon
Hill. It was one of those rarely perfect
days that come to the portals of the
Golden Gate in the early winter, when
the hills are tinged with green, and the
waters of the bay sleep as in a dream of
far-off tropic peace. My friend was one
of those odd, old - world beings, with
queer notions and ideas unlike anybody
else. He was discoursing to me, in an
exceedingly puzzling way, of the doctrine of future punishment; urging that
possibly we might be mistaken as to its
time and place. I grewimpatient. "Tell
me," I said, "where then, and when,
does hell begin?"
Before my friend could reply, round
the corner came Mr. James Nesmith,
and, saluting us with his courteously
stately bow, passed on. "Tell me," I
again impatiently said, as the footsteps
died away, "where then, and when, does
hell begin?"
"Hush!" said my friend, holding up
his finger, with a strangely solemn look
upon his face. "Hush!" said he. "I
have, even now, caught the smell of its
flames upon garments."
I stopped and looked at him curiously for a moment, and then gazed inquiringly around. I only saw a crimson
rose hanging through the palings of a
fence, a bird swinging lazily upon a bush,
and, up the street, Mr. James Nesmith,
with his bowed head and stooping frame,
walking slowly on to his house upon the
hill.
LEGISLATION ON RAILROAD TARIFFS.
N a former occasion we attempt ed to show, that, owing to the
existence of certain unalterable conditions, the control of railroad tariffs by
legislation is impracticable. We now propose, among other things, to offer some
reflections upon the points involving an
answer to this question: Ought the legislature to control railroad tariffs, even if
such control were practicable?
The State claims the right and exercises the power to tax railroad property
as she taxes all other property of her
citizens -namely, because, through the
agency of civil government, she protects
the citizen in his rights of person and in
the control and enjoyment of his property. It is the sense of security in these
particulars that reconciles the citizen to
an institution which demands of him,
each year, a portion of his earnings as
taxes; a tribute of a part as the price of
security for the remainder. Such being
the considerations upon which the taxing power is based, it follows that there
is one thing that the State can not do
consistently with justice: she can not
tax the property of the citizen because
it is his property and because she protects him in his property rights, and at
the same time exercise over it the rights
of ownership herself. The State that
does both is the oppressor, not the protector of the citizen. And yet it is proposed by certain parties that the State
shall do this very thing in reference to
railroad property. These parties tenaciously cling to the right of the State to
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