, 1866-01-12
Railroad ChartcTs and vested Rights

1k011fOA1 Nn3F&efS una s6aLeQ A&lSutAs
Editors Chicago Tribune:
Your correspondent "spectator" has taken
II upon himselfto set forth and urge the sa-
credness OF the vested rights Of railroad cor
porations. This is all very proper but he
ncelects to say anything In relation to the
vested rights OF the people. That these cor
porations have vested rights under their char
tc1s, which cannot be impaired By subsequent
legislation, no one will deny, because their
charters are contracts between the people, on
the one part, and the corporation, on the
other part, and the Constitution of the Uni
ted States forbids any State to pass a Law i'm
pairing the obligation Of contracts. But the
law is no less careful In preserving the rights
Of the people under these contracts than those
OF the corporations. The rights Of the one
nre us fixed and well defined as those Of the
ot6er.
The inquiry arises then, what are the rights
Of the people under their charters! What
are the considerations upon which the power
is conferred On certain individuals, and their
successors, TO execute that highest attribute of
sovereignty, the 7ightt6 take the property OF
one man against his consent and transfer 1t To
others the right to construct and operate
railways over and along public highways, and
collect fleiehts for transportation! Why,
'that snch corporations will become, and con
tinue to operate such railways as common car
riers Of persons and property for the pub1lc-
II is only because they undertake to become
and assume the obligations Of common car
riers that they are held By the Courts TO be
public corporations, and their right to con-
denn private property for their use, is or can
be sustained. There fs,-therefore, i, vested
right In the people TO have their property
transported over these roads subject to all
the liabilities on the part Of the corporations
Of common carriers. This right IL Is firmly
vested in the people as Is any right In these
corporations, and they eau In no way be le-
gally deprived Of IT, The remedies of tho
people for the wrongs OF which they COM
plnin are undoubted, and not In violation OF,
but in maintenance of the principle Of vested
rights.
It is known that these corporations, after
having obtained and used the benefits Of the
extraordinary powers granted them for the
condemnation Of land, pnd in other respects,
in consideration That they would exercise the
Office of public carriers, refuse to receive and
transport property without written 1lmita-
:tions upon their liabilities as common Carl
ess, and thereby wrongfully deprive the peo-
pie of the considerations upon which their
charters were granted. If corporations re-
r1se to perform the conditions upon which
their charters were granted, they thereby
/ forfeit their privileges, and the people may
enforce such forfeiture through the Courts or
The Legislature. The Legislature can also
pass law declaring Illegal and rofd all con-
tracts with railroads, limiting thclr llabili-
ties as common carriers, Can they not also
make any refusal to discharge their duties Of
common carriers cause of Immediate forfef-
ture of their charters: In several Btates the
Courts have already decided all contracts
made With railway corporations, limiting
their liabilities As common carriers, to be
void on common law principles. The
| Courts have declared that these cor
porations can only be allowed to condemn
lands, upon the ground that they are COM
mon carriers, and as such exercise a{pubnc en-
| ployment, which makes them quasi public
| corporations. If they limit their liability,
they thereby divest themselves Of the charac-
ter Of public corporations, aud become from
thcnccforth, mere private corporations. Such
being the case, 1t would seem to follow as q
consequence that they thereby forfeited their
| l1sntd Ns PupAlc EDEpot0tloAs, aHA CdH never
resume them, except by the consent Of the
| people.
| The legal remedies In the hands OF the peo-
pie seem ample to protect them against all
wrongs they may suffer at the hands Of these
corporations, without resort To any violent
| or Meeslaction.
| Whether, inssmuch as al common carriers,
especially chartered ones, ore quaa public
officers, the Legislature may not regulate the
compensation they shall receive for their SER
vices, as we'll as for all other public employ
| ments, is question not finally settled. But
! one thing is settled, that there is no vested
right In any corporation 10 cheat the people
out Of the consideration upon which Its char-