Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1872-01-18
Railroads..

THURSDAY MORNING. JAN. IS, 1872.
Railroads.
The Legislature manifcsts an evident
disposition to ascertain whether these
'Aoroushfarcs are, in any sense, suffi.
''snt'y p"t'ic to render them subject
" State control. At present they
recognize no authority, and submit, to
:" dictation. They claim and exercise
;he right Of "cninent domain" but
submit that they are public in no suff;-
N''nt degree to enable the State to dis
'arb their franchises, or to limit their
charges for the transportation Of freight
and passengers.
1t is fact quito generally under
stood that many Of these roads exist
under charters which contain no rcscr-
vations in favor Of the State, and that
they have acquired certain rights under
tuch charters.
1t is claimed by the roads that the
State can ask nothing as against them,
which she did not reserve; that they
have acted in good faith and under the
contracts to which they were parties
with the State, and that those contracts
are final mud conclusive. Many of our
people-perhaps majority-have NC
cepted this theory. 1t looks somewhat
plausible, but it will not bear close scru-
tiny. A charter granted by the State
to 4 corporation formed under its laws
differs from an ordinary contract be-
tween private citizens, or between pri-
vate citizens and a corporate body.
With tho State resides all power
When it contracts with corporations or
with private persons, it grants nothing
by implication !; that, only, which is ex-
pressly stipulated eau be claimed under
a charter. On the contrary, in such
cases, tho State always reserves, i'm
plicitely, everything which she does not
expressly grant. The charters are 81
lent upon tho subject of rates Of
transportation" No power 10 fix, or
even 20 regulate these, has been, in set
terms, reserved. No attempt to estab-
lish by law = schedule Of rates was
made before the completion of any of
the different lines. When it was made
It was resisted as an encroachmeat upon
vested rights"
If railroad corporations are in any
strict sense pirate, the rights which
they have acquired are vested, and no
power resides in The State sufficient to
disturb them. But are they private !
1t will not do to accept Of a definition
from them. Let Us see:
They have each, respectively, receiv-
cd grant Of lands from Congress to
aid in constructing their several roads.
These grants were made for the promo
ton Of tho public good. They have
each condemned private property, and
have been sustained in so doing. This
is permitted only for the use Of the
public. All enjoy certain privileges
which are exclusive, the State protect
icg them against innovation from every
threatening source. This is vouchsaf.
ed only in eases where the resulting
benefit to the public is fully common
surate with the sacrifice which it neces-
states. These corporations then are
public, and subject to State control
Having received their grants, as is the
case With some Of them, first from Con
gress, then from the State, and next
from municipalities, suppose they should
haul off their rolling stock, and cease
operations entirely! The Congression-
al grant would revert to the general
government, and the State would re-
sumo the custody Of her swamp lands.
Or, if they seould choose = different
remedy, compel, through the medium
Of the courts, compliance with the
terms of the charters. Take tho other
extreme, and imagine these companies
charging one dollar per mile for carry
ing passengers, thus, practically, refns-
ing to carry them. Are the railroads
so exclusively private in such cases, as
to be entirely beyond public CONTROL
Such position is absurd. There is no
railroad in Minnesota that is not so far
obligated to the public for its very exis'
tence, as to subject it to legislative con.
troll to any extent necessary to pr mote
the public good. Then let US have
such relief as the exigencies Of the time;
imperatively demand.