Los Angeles daily herald., 1873-10-19
vssted Rights-Mo. q.


Our Courts, following the precedents
found In the English Judiciary, where
these tribunals have used their power
to protect and secure persons and pri-
vate corporations from the aggressions
of the sovereign power-the king
and Jealous to defend and sustain what
was deemed in this country the vested
rights of Individuals and private cor
porations, have under-estimated, and,
In a great measure, ignored those
rights with which the people 8 large
are acknowledged, in our system of
government, to be inalienably in
vested.
To such an extent has this practice
been carried by our courts, that the
people, in various parts Of the United
States, where the course of the judi
ciary has been exceptionally adverse
to the public welfare, have been awak-
elied to sense of their condition, and
are casting about for remedy which
may afford them relief, and restore to
them the possession and enjoyment of
those rights, to which, by nature, and
that political system founded by and
bequeathefi to them by their fathers,
they have an inherent and absolute
right.
That private corporations usually
study their own present interests,
with little or no regard to the
public B welfare and prosperity,
is. beyond controversy, and that the
railroad companies of California
have carried this practice to point
which has alarmed the people, seems
evident from an examination Of the
returns from the two recent State elec-
= tions. 1t will be seen, and II merits
deliberate consideration, that in those
counties where railways do most
abound, those where railroads have
been in operation the longest time,
those whose property is most depend
ent upon the facilities afforded by
/ railroads, and whose general welfare
is most effected by the manner in
which railroad companies conduct
their business the vote for the inde-
pendent candidates was the greatest in
proportion to the whole number of
votes polled. If the business done by
the railroad companies had been just to
the people, the reverse would have oc-
cured. 4 comparison of the vote cast
in San Joaquin comfy, with that cast
in Los Angeles county, at the recent
judicial election, affords most conclu-
sive proof Of the uncertain state of the
public mind respecting the benefits
conferred by railroad companies, as
their policy and motives are developed,
in return for the subsidies which have
been granted them by the people. II
the dissatisfaction of the people most
intimate with their management,
and the voice Of the State, at the recent
elections, shall serve to teach corpora
tions that the people have rights which
they will sustain, and induce them to
conduct their operations In harmony
with the welfare of the people, the per-
manent interests of both the people
and the railroad companies will be
promoted. But If the latter, relying
upon their assumed vested rights, re-
solve to ignore the superior rights of
the people, the conflict may be
heightened, and the difficulties of a
just and equitable arrangement which
shall be mutually beneficial augment
ed, the final results cannot be doubt
ful.
Railroads being structures for public
use, whenever the managers fail to
operate them for the common benefit
of the people and their respective cor
porations, the legislative power must
intervene. Having no vested right
to injure the public by the manner of
their operation Of the roads, when
ever this Is done, 1t is not alone the
rights, but the imperative duty of the
legislative power to interpose its au-
thority and provide a remedy. This
may be found by establishing rates for
the transportation of passengers, pro-
duce and merchandi To enable the
legislature to fix equitable rates, the
corporations should be required to
furnish the Legislature, through some
State officer, true account of the
actual cost ofthe road to the company,
the amount of capital furnished by
the stockholders and invested in the
construction and equipment of the
road, with detailed account, rendered
yearly or semi-yearly, of the income
and outlays Of the company in the
operating and repair Of the same.
If the Judiciary should thrust aside
what "The People OF the State of CAL
ifornia represented in Senate and
Assembly do enact" the remedy must
be sought in the final resort Of the
people new Constitution.