AARoads Forum

Non-Road Boards => Off-Topic => Topic started by: TheArkansasRoadgeek on January 29, 2018, 01:10:04 PM

Title: State Constitutions Regarding Transportation and Charging Facilities
Post by: TheArkansasRoadgeek on January 29, 2018, 01:10:04 PM

This stems from US History and the class researching the Missouri Compromise.

I was initially researching about the Constitution and the legally of secession regarding the topics that had arisen. I then decided to look into Arkansas' Constitution (https://www.nationallibertyalliance.org/files/constitutions/Arkansas%20Constitution%201874.pdf) (1874), and I found some interesting stuff nonetheless!

I think I found why Arkansas does not allow (by law), the use of tolls or turnpikes:

Quote from: https://www.nationallibertyalliance.org/files/constitutions/Arkansas%20Constitution%201874.pdf

Article 17, Section 3

Railroads, Canals and Turnpikes

3. Equal right to transportation.

All individuals, associations and corporations shall have equal right to have persons and property transported over railroads, canal and turnpikes; and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State, or coming from, or going to any other State.[...]

What do you think? What are your state's laws regarding this?

Title: Re: State Constitutions Regarding Transportation and Charging Facilities
Post by: SP Cook on January 29, 2018, 01:24:08 PM

Not exactly.  What you are seeing here is Constitutional language enshrining the concept of the "common carrier".  Note that it uses the word "railroad" which certainly charges a toll and is, in the USA, generally a private venture. 

History.  Back in the days of the "robber barons", transportation companies, mostly railroads, used a system called "rebates" to charge insider companies virtually nothing, while the "little guys" (mostly farmers) paid out the A**.  This is how the evil Rockefeller family, whose offspring have been a curse upon both of our states, came to be. 

So the section does not really prohibit a toll road, it would just require that everybody be treated equally by its toll schedule.

The WV Constitutional section is Article XI, Section 9.