The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-05-29
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T1E RAILROAD QUESTION.
COrresponAeaee BeGWeen Gen. Jshs
: McCsusell aaa eX.Gi0v. Palmer,
From the Chicago Tribune.
SrRINGrIELD, ILL.,. May 2O.-The follow
Z ing important correspondence has Just takes
4 place touching the question of railroads ant
, their manage ment, as settled by the decision,
: of our Supreme Court, and furnishing Al
epiioue Of the Law rs it now is on that sui.
iect:
srRrNGFIELD. ILL.,, May IL, 1873.
Hon. John NJ Palmer:
DEAR SIR /: In view OF the great interests
involved in the pending controversy between
. the producers Of the State and the railroad
companies, il is desirable to know precisely
what is the present condition Of the Law, n
found in the decisions Of our Supreme
Court, in respect to that subject.
Will you do me the favor TO give me
statement, embracing the substance of what
has been decided on these questions?
l take the liberty Of asking this from you,
believing your sympathies are with Us in
this great struggle against monopoly.
Iours truly, JOHN MCDONNELL.
GOV. PALMeR's REPLY.
SPRINGFIELD, ILL.,, May 10, 1873
DEARSIR Your note, in which you allude
to the great interests involved in the pending
controversy between the producers of the
5 ate and the railroad corporations, and 10
the importance of precise knowledge of the
present condition of the Law in regard to the
subjects involved, and request of me state
nent Of the substance OF what has been de-
cided by the Supreme Court, il before me.
l am sensible of the great importance of
placing before the people the substance of
what has been deci led by their highest tri-
buCal, for, a. you seem TO understand, the
Court has, by u series Of decisions, settled
nearly all questions at issue between the
railway carriers and the people upon the
solid ground Of principle.
Ii is well understood that the dispute be-
tween the people of this State and the rail-
road corporations, is As TO the extent Of
the rights Of the corporations I'M
der their charter, and the proper measure of
their obligations and duties in their relation
| to the public as the owners of so much plb-
lie highways a. admit OF private ownership,
and AZ carriers OF passengers and freights by
their respective lines.
Ga the part of the railroad companies, it
is insisted that they are mere private corpor-
aiions; that their charters are contracts by
which the State has conferred upon them
certain franchises which they may exercise
| for the exclusive benefit OF their stOckhold.
ers, and that among the franchises with which
they have teen invested by the State il that of
making such regulations for the transaction
Of their business, and the determination of
the amount OF compensation they will de-
mand for every kind of service they perform
a. they may think proper, and that these
right. are 40 vested in the corporations that
they cannot be impaired or controlled BY the
State in any manner or TO any extent.
II may be that this statement of the pre-
tensions OF the railroad corporations is some
what broader than their Theoretical claims,
but, if il Ia Objectionable at all. j. is rather
that il ia too distinct than tina. it il too ex-
;ens;ve
TIE people of the StI,e whe have watched
the growth and expansion of the railroad
system with so much satisfaction, aud have
made such immense sacrifices TO AID its rapid |
development, astounded and alarmed at the |
pre:ensions OF the railroad corporations, and |
conscious thai to conce,ie 10 them the vast |
powers they claim Is only 10 surrender COM |
mercial freedom, and political iihertr; they |
are organizing TO resist them.
Fully agreeing with you in Your estimate
Of the gravity Of the struggle, 1 regard it as
greater consequence that Lo mis- axe be
made by those who are engaged in il.
There are certain underlying principles Of
constitutional government that the people of
the Stale cannot afford To disregard for it is
to these fundamental doctrines ami Ia their
accept ,Ece that We owe the safety of lie and
liberty and property. Among these is the
right of every citizen 10 own property, and
to use it for the promotion of his Own inter-
ests, subject Only TO such jus: and equal laws
As are made to operate upon all other per-
sons under like circumstances.
1t would be misfortune Of the most serI-
ous character for the people, either from
choice or necessity, TO be compelled TO disre-
gard these or any other of the essential prin-
cipals of our government in their Efforts TO
maintain their rights, but happily for all
classes of citizens, the Supreme court have,
as think, with, degree OF fidelity and wis
dom that is gratifying, snd which assures the
most undoub:ed success to the popular cause,
from year to year "a questions involving the
relations Of the railroad corporations and the
people have been brought before it, met them,
and have by the application Of just and ra-
tiOnai principles settled them, SO tina. justice
may be done t. all, ard the rights Of the
people fully protected and maintained.
will no; trouble you wi h formal quota
lions from adjudged cases 20 prove the truth
Of this Statement, but will state briefly the
principles settled az the result o. numerous
cases.
The court decided, long years ago, that the
charters of private corporations are Contracts
between the State and the corporators, with I
which the Legislature cannot interfere, but ,
he Cour; also holds that contracts between =
he stste and cOrpOratOrs are mutual, and
hat the corpo: alton, when created, is what :
he law makes it, and by the acceptance of i
he charter the corporation becomes what the
Legislature intended i, should be, that it pos I
esses only such functions and powers AZ the :,
,ct creating il confers, and assumes such du.
lea as the &C, of Incorporation imposes. l.
The acts creating railroad corporations \
we're passed tor the public benefit and ad- r
'autage tina: they were intended to create 8
IN incorporation to engage in the business, q
'fiice md employ ent of common carrier, :,
md that under their charters they possess g
III neeiful powers for the prosecution of Il
hat business, and that by the acceptance OF r
he charter the corporation contracted with T
he State to exercise the Office and employ Il
nen: of common carrier, and to discharge !.
II the obligations and duties according to 4
he laws then, or that might thereafter, be :,
D force for the government OF common car n
iers.
That il is the law that common carriers :.
re bound to furnish reasonable and ordinary 9
,ciliiie. for transportation, such az will n
,eet the useful and ordinary demands of ~
he public, and with respect to an unusual i
nAux of business, they are bound TO make ~
n honest and fair effort 10 aid the public in r.
he prosecution of their business -
That il is he law that common carriers -
re bound to carry for all persons indifferent n
?, without partiali,y, favoritism or unjls; :,
/; and that i! they do not -
rovide themselves with reasonable ;aciii,ies a.,
" transportation, such a. will meet the usu-
and ordinary demands OF the public, or il
,eir servants, from improper motives. give
preference to one person, the carrier is liza
lie in damages to the party injured. 10
That It il the Law that common carriers