Litchfield enquirer., 1871-12-07

Is public work public and not private property and that as in the construction of it they were agents for the State, so in the management of it they are servants of the State. They have no right to manage that public work as it if were private prop erty of their'own. For example, We find a statement that on the Hartford and New Haven railroad Sit costs more for freight from Meriden south than it does from New Britain, " the latter city being farther north, but having the advantage (which Meriden has notl of access to New Haven by another line of railway. We give this statement as we find it (and might give others of the same sort). simply to show that the directors of railway that dis l eliminates ia such fashion, for such a l reason, are managing public trust as if l 1t were their private property, and might reasonably be called to account. Such abuse of the trust-for it is nothing less would be sufficient reason for legisla- tive Interference. We may suppose mal- feasance of another and baser desriptiOn. A railroad company may attempt to ob- tain legislation in its interest by corrupt ing influences. It may expend money in 1 putting its officers or it's tools into the legislature. It may fill the Hobbies of the capitol with its emissaries, who lavish it's money on members from the country, con- | ciliating their favor by means of applian- 1 ces more costly and more exciting than l speckled trout from the head waters of l the Androscoggin-by frequent drinks and unlimited cigars, by champaine sup pers and unmentionable Inequalities. It may, i'll some emergency, give thousands of dollars for votes and thousands more 1 for veto. It may become an insufferable nuisance in the State Who shall tell us that in such case the sovereign peo- | pie may not dissolve the insolent and de- moralizing corporation? The people 1 ill such case, reused by wrong, may elect legislators who dare not sell them selves, or who have too much manhood to l be bought; and so the commonwealth may be saved
 It is first principle of justice, and is incorporated into our fundamental law, that private property must not be taken for public uses without compensation. This implies that private property may be taken, under any necessity, for public uses, if it is equitably paid for Thus it | Is that the State authorizes corporation to l lay out its railroads through mans farm or garden, or over his fathers bones in the cemetery, or through his parlor. By the same right, if 1t be found that the private property of that corporation, namely, it's exclusive right of conveying merchandise and passengers on certain road, or whatever else 1t may be, is need ed for public use, that the property may be resumed by the State on the payment I of an equitable consideration. Private property may also be forfeited to the pub lie and taken without compensation. Eve ry fine is simply q forfeiture of private property. An imperlOus corporation may be made to understand, by the exactness of adequate statutes, the possibility of it's forfeiting to the State, not only it's charter, but all it's goods and chattels Legislatures may be bought The ''men inside of politics" in all parties-the men who arrange '.the slate," and pull the ously yernal But the people. when reused by some great danger, cannot be bribed and will not be trifed with. The sovereign people, when the time shall have come, will find q way under the constitution and by the laws, to make the highest corporation tractable servant of the commonwealth and not its master.
 VIII. The abolition of special legisla- tion for particular railroads would bring : upon the legislature the duty of enacting general laws applicable to all such corpor- ations existing or proposed. A general railway law Is no more an impossibility than general banking law, or general divorce law; nor is there any inevitable necessity for railroad lobby more than for bank lobby, or divorce lobby The application and administration of laws about railways and railway corporations should, of course, be committed to execu- tive officers, few, responsible, and invest ed with ample powers; and from their de- nominations the appeal should be never to the legislature, but only to the courts of justice.
 We congratulate the public on the abil- ity and thoroughness with which two we'll known contributors to the North Ameri- can Review have been, for some time past, discussing various aspects of what is rap- idly becoming one of the most important of public questions Nor can we repress the expression of the satisfaction with which we see, in the fourth generation from s'the elder Adams, " an undiminished capability of eminent statesmanship.
 As an Illustration of how fast Connecti- cut is becoming like New York in the gov ernment of municipalities as well as of the State, we may take the recent history of the contest between New Haven and Hart ford for the advantage and dignity of be- ing the seat of legislation. For nearly two hundred.years, the General Assembly has held its sessions at the two chief towns alternately; and by the constitution of the State, framed in 1918, 1t was provided that the ancient usage should continue A constitutional amendment is therefore necessary before the seat of government can be fixed exclusively at either capital. Such an amendment was to be acted up- on by the legislature at the late session, I and two-thirds vote in each house was required in order to bring the matter before the people for decision by ma jority of the electors. It was assumed by the municipal authorities of New Haven that the interest of their city was adverse to the amendment. Accordingly 'ssmart lawyer" of the General Butler sort was sent to oppose the amendment by action in the lobby, as if New Haven was not al- ready represented in both houses by men whom great majority of electors ill that city had certified to be the best that could be sent The smart lawyer had been him. self legislator and was of course we'll ac- quainted with the means and methods by which legislators may be enlightened on such questions; and he was successful. In the Senate, the amendment lacked just al one vote of the two-thirds necessary to it's passage. But, alas! the sequel was re- hinder that
 s'The best laid schemes of mice and men
 Gang oft agley'';
 for although the majority could not bring the amendment before the people for a vote, they could do something else; and there seems to have been some Hartford smartness in the lobby. They forthwith appropriated half million of dollars (of which New Haven taxpayers must pay seventy thousandl to build new State house in Hartford, refusing to do the same thing for the ''sister capital" Nor is the prospect very promising that fu- ture legislature will do anything better than to renew more definitely the bafaed proposal for constitutional amendment. But notwithstanding this unexpected as- pect for the future, the smart lawyer made