The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1871-06-10
cINcISNATI s0UTmERy RAILROAD.

article of the 9th ult On the subject of
"the Cincinnati Southern Railroad"
He says: "If the Legislature has no
right to authorize property TO be cen
demned for the Cincinnati Southern
Railroad, it has no right to condemn it
for any other Railroad, for all stand on
level as to being public vehicles of con
veyance. All acts of Railroad incor
poration ever granted by the Legislature
of Kentucky which conferred the power
to condemn private property for its use,
were granted to certain named incorpo
rators with instructions to open books
for the subscription of stock: no re
strictlons upon auy one taking stock but
the great public given full power and
authority to subscribe such amount Of
stock as they might choose and then
said stockholders are to organize by
electing officers of their own choosing
and are to have a voice IN its control
aud management.
Did the charter asked for by the Gin
cinuatians contain any such provisions ?
Did it propose to extend to the great
public of Central Kentucky or elsewhere
the right to take stock and have voice
in-its control and management? Did
it not rather vest the absolute ownership
OF said road in the single corporation Of
Cincinnati aud confer upon the Trustees
of said city, the sole power of its control
and management, for the purpose, to use
the language of the Furgerson Bill, ,''ofI
promoting the essential interest Of said
City" Is that such public enterprise
orpublic use contemplated By the Fathers
of our Constitution as vestiDg the power
in the Legislature to coudemn private
property?
If the Commonwealth will refer TO the
Iron Mountain Railroad act of which he
speaks, be will find nothing therein that
initiates with our views. The charter
of the Iron Mountain Railroad is upon
the stockholders basis. aud the great
public, citizens of Kentucky included,
have the privilege of acquiring stock in
said company, aud having voice in its
control and management. Nor does the
act referred to by the Commonwealth
confer any power or authority to condemn
the private property of any citizen of
Kentucky.
Again, the Commonwealth says, we
are behind the times, in asserting that
the Legislature had no right or power
to make or receive contract by which
citizens of another State are denied their
constitutional right to transfer cases to
the Federal Court" He says that the
point was yielded by the opponents of
the charter ia the Legislature as uufound
ed in law or precedent" With due de
ference to the EDITORS superior local ad
vantage OF knowing. we must be permit
ted to say that We have never yet met an
opponent of the charter that had yielded
the point Nor would it effect the merit
of the point at issue.
BY the original Constitution OF the UnI
ted States, the privilege was guaranteed
unto every citizen of sueing cltizen of
another State or the State itself in the
Federal court. Now, will the Common
'oealth, the central organ of the Radical
party in Kentucky, dare assert that
State can abrogate or sbridge that priv
lege, in the face of the express declara
ton of that pet measure of Radicalism.
the XIV Amendment, That no State
shall make or enforce any law, which
shall abridge the privileges or immunities
OF citizens of the United States" Sure
ly it is a new role, in which the Com
mon0eahh is playing part, claiming
for State the authority TO nullify an
express guarantee of the Federal Con
stitution. But the Commonwealth, like
all the advocates of the Cincinnati char
ter. falling of sound argument in its
support, comes ct last to cry mad dog
mad dog louisville and Nashville
Railroad Tyranical Monopoly We are
not the champion of the Louisville and
Nashville Railroad or of any other rail
road monopoly; but what has that road
to do with the merits of the question at
issue. They say it is cursed monop
oily, oppressive to the people along its
line and should be crushed grant this |
charter and We will crush il" Let u
see The line of roads are too wide |
apart ever to come in competition for the
freight of citizens of Kentucky along |
the respective roads, and could not there
fore benefit them in the least. It would |
probably cheaper the rate of through |
freight coming over the road, thus bene
fling the citizens of foreign States, but
at the expense of citizens and counties
of Kentucky who own large amount of
stock in the Louisville and Nashville
Railroad.
Again, the Stockholders of the Louis
vile and Nashville Railroad are chiefly
citizens of Kentucky. who elect its off
GERS, control and manage the same. It's
officers. as we'll as stockholders. are prin
cipally citizens of Kentucky, all of whom
are identified with us in feeling and 10
terest, and run the road 10 the interest
of the stockholders. IF then, she is
such tyrauical monopoly. as should
require the power of the Legislature to
crush her. in order that the State may be