Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-12-26
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J,P EE RAILROADS.

We recently referred to one Of the sing,i-
lar phases Of the recent railroad decision
in New Jersey, l,y which private indiyid
nal who had acquired land ard built thereon
railroad, was prevented, by an order of
the Court, from carrying on the business of
| transporting freight and passengers on his
own ground.
We stated ii, the time that il was claimed
that The decision was strictly in accordance
with law, and that we did not doubt it, The
(which the decision was made, having made
New Jersey law for SO long time that it
would indicate rather remarkable degree
Of stupidity on their part il they had not BY
this time got II fixed 10 suit them.
such IA decision however, might be nude
strictly in accordance with tie law Of other
States beside New Jersey. n4nifcstly unjust
and even absurd as ii is. The fact that such
legal decisions are possible gives rise 10 the
| question whether oi not the whole system
Of granting charters to railroad companies
comforting special privileges is not essential
" wrong in principle calculated 10 create
grasping and powerful monopolics, danger
| Gus TO the rights Of the public, the indie
pendcnce of the Legislature, and the purity
Of the judiciary.
Rlilroading is tt legitimate business, sub
| ject 10 the same influences which regulate
! other kinds Of business, and the thing above
| all others most likely TO make Roads main
tain proper and mutually advantageous re-
| lations with their customers is that which
operates 10 .roducc like results in Other
kinds Of business-tliat is, the possibility o.
competition, while the great expense which
attends the building and operating new
roads is calculated to prevent useless com
petition where an honest effort is made by
existing corporations TO meet just demands
upon them and to treat their patrons Will
proper courtesy and fairness.
There may be cases in which it is 10 III
interest Of State or city 10 extend matelia
aid to a projected railroad enterprise, but
it just AID fair that such aid should be eX
tended BY comforting special privileges am
enacting laws, prohibiting the building {
other roads, when in tile nature Of things
such roads could not be built unless ther
was a real demand for their eXistance 10 at
commodate the legitimate demand Of III
. business interests Of the section threug
which they are TO pass: We think thel
can be but one answer 10 this question.
i Where ii is necessary for the building OF
road that power should be given to tail
land, and have a jury assess the damage
i due consideration should Of course, be 81
q en- to the question, whether or not the pul
q lie advantage will be such as to warrant Iii
It iuconvenencing private parties Again c
r. account OF the more dangerous character
/. railroads, as compared with common road
. some restrictions should be imposed, loo
10 ing to the exercise of due care for the safe
J. of the travelling public. But these considt
q ations having received due attention the
Il should be no more difficulty in securing L
i right of way for rairos d than for any OF
Il er kind of road, and the State has no rig
9 for moment to consider how it will afft
n the interests Of any existing corporatio
Existing roads will find sufficient Undue
. ment in our natural human selfishness
throw obstacles in the way of new ont
/. likely to become their rivals without lendi
o them the power of the State for the purpo'
A. When, however, as in the instance '
e have cited, the individual or corporation h
" already acquired the land on which the 70
IA is built, either by gift or or purchase, and
n. carrying on legitimate business on his
10 its own property, and the State interfere
If the case becomes much stronger one, al
NJ it at once becomes evident that there h
n been somewhere a wide departure from rig
and justice, when the law says "stop, =,
Is acknowledge that your business is a prop
4 one, but you shall not carry it on for fe
2, that you take some trade away from po
lie erful corporation engaged in similar bu
ness"