Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-03-13

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Wv11bilh ~ pending IN ths Id y
u0o1 q ~ assumption III - legish-
tare doso pessees such conso 10oqa poV*
=. The Attorney 0sasrd ~ - 49,,
upea The request of the Hoooay 66gn1Dho6
II Win his legal eplaion Il ~ sseslnlfoa,
which vas ttnt ne Assembly ~ - poo-
6eee The power claimed. Hoe. ". !. Bor.
kse, osmhss Of the Houss ~ eos u ths
most eminent counssllors in ~ 0tatsyusde
sAAFgensss 10 reply 70 the Attsrney Geo.
slal. The resolution was ad0pood b. . vste
u O. 70 IL. Az Mr. Barker bs Ds0o1at
ama ehs Hoase b largely Rspublicon, DTS
Involvement Of bic argument wao > aots
worthy one, whether e - co0oi4ered -
reeultine from the able manner In which be
eoadosted The discussion or - IN evidence
Ct hooEfllity 10 railroads within the STATE.
A IL astisn d Iowa may form pssee.
Asat foe ether States In matter where
Goeh important interests y the people and
% railroads ass involved, W shall briefly
aotiee seos Of The most important points
pecsSetSa b Mr. Barkss ID bic argument
rlo oomututsu q lowe pevidss thats ~
OuAol1l 4Asssm6iy may, by two thirda
vote s1Nneod a repsel ~ l6ws " The or.
gaailatioo q creation Of corporations, Of
grnptni Of special or exclusive priviisgeA y
1hii provision IVES overlooked By the At
tornS3 General. NJ. Barker, while claim
ing tat il would fully sustain the opinion
oppressed By the resolution, yet did no,
sssthie aegamsnt upon It, because, Is he
avsrrsd, be thought 1.-THE resolution conld
b fullf eabslAntiatsd, upeo general prin,
cplea, - eo0e within Tie legitimate prov
incs Of ordinary Liquidation"
Al the railroad companies in that state
sse formed under the general transportation
law and not b. special oct Mr.. Barker
elaeess them - quasi public corpor atoms,
and ~ such. within legislative control. In
ouppsst Of this proposition he quotes o. fol
lows
"TlS Supreme court Of ysmess, in Mel.
con %. V. { G. r Co. ,26 Vermont Reports,
TT. In spes king Of the question now under
e2naAsf9Aee. makes uss Of The following
bat tho acksewlsdgsd legislative con
troll over banks which, like railroads, par
taks sonswhat Of public character, al>
though based upon private stock, will per-
h4bs throw some light upon it. There 10
NO doubt that existing banks may be res.
Trusted, By general laws, from issuing bills
Of given denomination, a has sometimes
bssn done, in regard 10 small bills, or from
dealing in particular securities, deemed Diet
simsntal 70 pablio security, ~ bills on time,
q payable in stocks on time. or in bills Of
other banks below par, or. that they might
b even limited in regard to discounts and
tatsreet even BY general Law, 40 vas done in
many states h former times Of commercial
di1ereoo.'
And again, from decision by Chancel-
lor WallWorth, - follows:
"Th0publ6o hsvy IN interest in the use
Of tn failfoad, andt the owners may be pros.
ecuted for the damage sustained II they
should refuse 10 transport an individual, or
his property, without any reasonable ex.
euse. upon being paid the usual rate Of fare.
The Legislature may also from time TO time
segulass the use Of the franchise and limit
The annount Of toll which il shall be lawful
70 tAke, IN the.ssame manner ~ they may
regulate tho amount Of tolls 70 be taken at
ferry, Or for grinding u mill, unless they
have deprived themsslves II that power By
legislative contract"
He AZ quotes from decisions madh BY
the Supreme Court Of The State Of Nichi,
gan, aud BY other courts, to sustain his
proposition.
So iar y lsws b concerned, he has made
ct leest . plausible case, and the principle
upon which he rests his argument will APP
ply 70 Oil fatlways formed nndcr . general
law IN which the State has not yielded the
power 10 regulate the fare for freight and
paseooesfe. He asserts that such Z con.
esesi0n By State must DO in express
terms to yest In . railroad authority 10
make 1upA regulation. Upon this boint be
thss quotes and comments:
ut is held ~ ID Suprens Court Of the
United States: That public grant, are to
b construed strictly, that any ambiguity
IN the terms Of the grant must operate
againeS the cerpeFatiop aud In favor Of the
public. Qs How, Ill., Then if the terms
Of this section are susceptible Of more than
one meaning, that one must be adopted a.
the trl,o ODE which fASors the State and
does not derogats from the supreme author
~. The presumption of law 10 against
the State disarming itself Of it's sovereign
power. Says the Same high authority Just
cited y tsNo claim in any way abridging the
most unlimited exercise Of the legislative
power over persons, natural or artificial.
IAN be successfully asserte except upon
The terms Of express grant or nccesssry I'M
plicatSsn. IN Peters r., 54S.) There is
no express grant in favor Of the
in the particular under consider.
ltion. but on the ethsr hand, an express
and without it, necessary
implication the other waysrlh
And agnlesI yu;. IS 49, 4 sd
1T will be admitted that these companies
.btain thessight ~ construct their roads
rom delegation Of power from the State. i
lays the $. Q. Of Michigan: If it be con.
sded that The preregative or power Of con-
tructihe Ana employing these roads re-
idss - the government, It 10 difficult 70 see
low the delegation Of such prerogativs can
livsst the gOvetnaheht of'supervimcn over
b exssease.' Chief Justice Shaw, in . case
eported 10 Gray. page l, speaking Of the
light Of railways 90 demand soM O. fare.
ays: This b, II every respect, . Public
|rant Of franchise which no one could en-. |
~ but BY the ssthrity. Of tho govern
nent.'"
Whether The positions taken BY Mr..
'eraer are correct or not. the officers Of |
ailfoads will do we'll to consider that It is
heir ON abuses Of their. franchise which
ave leGo the investigates. Fvis not IN
roba6le that the Legislature Of Iowa will
ass the bills basedo It's isshApti6n that
doe: possess ~ .ppves. cleiQsdsmA 4
hose btlis are passed, the authority OF the /
tate VII bqamxeke1 Andx edhplcyxd NJ
beir edgSrstneue. lea NOE ~ tte inter-
sts Of the railroads to force any such issue.
hey are I'M stths - {es1( n 9 Sases;Se /
uch exorbitant rates. Il i not for their