The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1871-09-15
.NOnOyOfies Versus the E'fOpfe.

.nOnOpOfies Versus the PeOi1fe.
The adoption of the new Constitution
in this State, and the passage of laws to
enforce it's provisions, is likely to reveal
to the public in striking colors, the ex-
IRENE claims of chartered monopolies,
and the wickedness and folly of past
Legislation. Chief among these subjects,
which will no doubt be tested in the
courts, is the assumption that the thing
created is greater and has more rights
than the creator-that a charter once
granted is fnality, above the power
that granted Handicapped
ble-and in itself comforting vested
rights which are inalienable That
Legislature can give away the common
rights of men, and having done SO, pcs.
terity is forever bound, without regard
to public policy, the interests of the
States, communities, or individuals In
short, that a charter is contract in
which every consideration is on one side,
and nothing on the other, and that no
remedy exists for any abuses, or viola
tons of franchise.
This is favorite doctrine of feudalism,
and under its operation the interests of
the masses of mankind in the old world
were sacrificed for ages. 1t was q bar
to all progress held its victims
with grip of iron. Only the most
bloody revolutions sufficed to overthrow
its arrogant claims, and restore mankind
to rights held in this country to be in
alienable And yet there are not want
ing persons who insist on its establish
ment here in all its hateful proportions.
The vital question to be passed upon is
whether the rights of humanity are not,
under every circumstance, to be held
superior to the rights of monopoly, and
whether the people arc capable through
the corruption or ignorance of a legisla-
tive body, of consenting to their own
permanent injury. In such cases courts
should pay little heed to old decisions.
Justice and right arc their own prcce.
dent.
An act passed by the last session of
the Legislature fixed the graduated rate
of charges for traffic and transit on rail
roads in this State. These may be
either too high or too low, or fair and
equitable; but that question is not in
volved. 1t is understood that the law
will be resisted on the ground that the
Legislature has no control of the sub
ject-that as the charters leave the
companies to fix their own charges there
is no superior authority that can at any
time alter, abridgc, or change any &C
ton they may takc-that the greatest
interests Of the country are placed III
, their keeping for all time to do as they
please, and communities have no remedy
This must be esteemed very comfort
ing. After granting the franchise, fore
: ing the right of way through the fields
: and private property of the citizen, pro
viding for municipal subsidies, aiding il
comforting vast grants of the public do
i, main, and giving every form of cncour
agement on the ground of public neces
sity, it is assumed that the rights, if no
liberties, of the people have been thrown
in, and nothing remains but submission
, In this country such doctrines can neve
, prevail. Laws are nothing but publ,
: sentiment embodied in form, and the,
!, will be forced to change to meet Tia
. interests aud necessities of the commuui
ty. The assumed sacredness of charter
is a played out farce. They are sacre'
y as long as they meet the public welfare
but when they are used in opposition
the plea of a contract will not save them
In all our cities the average charges 70
!, transporting passengers by horse powe
are only about one cent a mile, Will
when steam power is used from three t
s five cents for the same service is tn
measure of railroad company's con
{. science. The same difference is equal
n true of freights. Monopoly fixes it
!, own rates and they are often oppressive
u ly extortionate. Hence the final que'
o ton will be whether the people hav
e rights, interests or control over improv,
IS mcnts purporting to be made for thei
s benefit, whose authority was derive
g. from them, and which they are taxed
81 protect. The final decision of such
C question cannot be doubtful. The pee
C pie are stronger than either rulers {
"a Chicago lost.