Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1872-12-26


AUSTIN. tllNN.-
THURSDAY MORNING, DEC. &c, 1872.
General R:xlIro:stl Law.
An acquaintance with the history Of
railroad companies aud Of their organi-
z't'"n and general operation in This
country, is essential to clear under
standing Of the laws which should
practically enter into their successful
management and government in the FL.
ture. In some Of the n.onarchical GOV
ernmcnts Of Enrope, where railroads
have been considered as appcndagcs to
tho prerogatives of the crown, and
where the principles Of constitutional
government have no recognition, tho
grants to these corporate companies
have been almost as simple in thecry
rs they have been in fact. There the
franchise is royal one, and its grant
ia only limited by such individual re-
stristions as the will of the grantee
may imperiously decree. \ monopoly
may be created or not, just as it pleases
the royal owner and dispenser Of the
franchise, but generally, in consider
alton Of the exclusive grant or
monopoly, the companies taking the
franchise aud building the roads
agree to carry the mails free, to
transport soldiers and munitions
OF war when necessary At nomi-
nal rates, ard to surrender their roads,
with their equipment and improve.
nent at the expiration Of their charters,
which generally run from City to nine
- years.
Besides this, the government retains
the right to regulate from time to time
the rates charged the public for freights
and tra:el, so that the profits of the
companies shall not become exorbitant
or oppressive to other interests in the
State. The governments Of France,
Austria, Prussia, and some of the other
continental nations have exercised this
control over the franchise, aud made
similar arrangements for the construc.
ton Of railroads. granting charters
only for specified term Of years, after
which the roads are to revert to the
government upon the recognized prin-
ciple that it holds tho franchise in
absolute right Of its own, and exercises
control over it even after it has passed
into private hands. In some OF the
European States, as in Belgium, there
are government roads under the man.
agen'ent Of bureau, over which the
proper State officers preside, and to
whom is committed general supcrv,.
zion OF all private companies, on the
principle that the public interest is the
paramount end and aim Of the govern
ment in granting these franchises.
The same principles are or should be
applicable in this country, with this
difference only, that the franchise is one
which belongs to the people in their
collective capacity, and the grant comes
from them as an adjunct to this pre-.
rcgative Of a crown. When the first
charters we're granted in the United
States, it was felt that the expense of
constructing these roads would be too
great tax upon the financial strength
of the States, and the most liberal pro-
visions entered into them, so far as the
supervision and control Of the franchise
was concerned. The States not only
made an absolute surrender Of the
right to control and operate lines Of
railway, but indirectly lent the credit
Of tho people to aid in their construc-
ton, guaranteeing to protect them from
competition, and granting other privi-
'eges Of monopoly which were pardon
able enough in the infancy Of the sys
ten, but which would be criminally
improvident in view Of the gigantic
strides It has since taken in the direc.
ton Of consolidated power.
What is now demanded at the hands
ofthe State legislatures in this country,
is fuller recognition Of the principle.
which underlie the European system,
and an abandonment of the policy Of
granting special chartered rights by
which the railroads may be run in the
interests ofgigansic monopolies to the
detrlment OF the collective public
The necessity for such legislation is
becoming more aud more apparent
daily. Railroads arc now an absolute
public necessity. The very existence
Of many Of our branches Of industry
ere dependent upon them. They move
the products Of our labor to every quar-.
ter Of the republic, and without them
many Of our most important CONNER
cial transactions would cease. To leave
them any longer to selfish competition
and unlimited individual control would
be almost as criminal an act as it would
be to give to private companies the
right to coin money or to regulate, iu
their own interests, our system Of
Weighs and measures.
Fortunately for Us, the system in
come Of the States has been under wise
regulation and control and We are no,
without tho proper light for legislative
guidance. TIE State Of Illinois VII.
among the first to comprehend the mag.
Ritudc Of the railroad system, and Is
early as lS49 she BEGAN to lerisl,ta