, 1873-01-09
NUMBER 143.

4Nc cN1 O4ILA lAOs
The fundamental doctrine Of tho stato Conalitnion
IL That railways highways aii tlat, considered
sn rtass s Ss0 y H. Rs LID "Ss
n m 81 ingqss gg ot E @ e, employed m
atrueton of railroads, they aro fmyTorti hfah,saNs
a 2 tSn s y hS nsf
saa x yss!sd '.p Prepe5ty nisFe:!s II IL s%~as
power 70 d,url>or dspace except in tho exercise of
the Fight md power Of eminent domain, and upon
staod lat tSo eororntoa a T. ad Dd'nro In.
proved these highways, In nddion to he powers
ferred upon thgln TO construct aud maintain their
foada, wore authorized to employ upon them tho most
improved methods OF transportation, aud to engage In
and carry oi tho business Of common carriers Of paH-
their right to carry that b,acss cannot bo take
from them by egiulase acon, nor by ho exercise Of
lavc Rcqaircd Tho right TO engage In business as cs4-
Tiera on tie lines Of their rai!waya thcro remains to
o aoorSs rabt %s 5 tho nt e s tn
vii 10 obsefved Cd Il lit 'Hs'f ho theory Of to oonau
roada tho right 10 Compensation for tho uso Of ther
roats TO tho full extent tint its may be required
10 prescribe rnea unsar Which carriers viii ba
authorized to placo ron my Of tho railroads Of tho
mako stated trips from and 10 certain poins, 10 movo
ut an established rato Of spced, 10 use tic nnnurtcn
ancos of tho road and tho liked facilities provided by
tho corporation, or tho right to provide facilities ut
diYoEcnt and couycncnt points along tho line, all to
DO governed by such equal and proper reguatIonBua ~
But tho exclusive right Of railroad corporations tn
carry tho business Of common carriers on tllcir
Toy "uy e fc tuM hp q oep @p aT ea
rcra engage IN busness On thotr llncs continue 10
prosecute Tho sano bainoss but upon the highway OF
commerce In which they aro interested owners,
they, while employed In tho Office and duty OF carrirts,
hayo no superior righta to others.
subject It II dug to myself that should say tint tno
intcroHts Of tho country demand that tllo power
n tho great ltnes Of intercourse between tho romorst
points on tho contncnt and tho great ccntrca Ut
In the lfanry Of tho SYSTEM, when railroads wei,
merely euhordnates TO tho natural lines Of Transports
hon, and their only competitors for business tho
waRona Of tho pioneers, rights md powers
coded to tho corporations that controlled them TINT
arc utterly inconastont Will tho relations they
huporeeded the Rivera aud the lates, md, Ike hssr
must bo nado free, subject to ohrr burdens than
thom md no eyatem Of regulations Which comedies
the unfoundcd clam Of railroad corporations, th4t
eo IN n r ~ r to M
or can be eGectual to prevent tho nbuAes unjust dir
examinations, aud e1tortions under which tho peopa
haYo suffered 30 much, and Of which they 80 Justly
complain.
PENAL AND nEronmATohY 1ssT11uTfoNs THE rEsE-
TEN7IAnY.
misgoners will 10 laid before the denoral Assembly,
and have the Satisfaction Of informing tic rcprea11.-
inv nowin force for ho government Of the peni.cl-
tlary waa passed. Is realized At tho institution. is
now and haa beon for aone mouths past, practically
On ths s u1e51l e a 4;
m to ho IT
tho seat Of Government, suspended ita scsaun anto
18th Of November following, and left tl4s lententiry
management without the mtans Of providing employ
n.ent or support for Tho convtcts3 nl largely indebted
and without credit, so that, in fact, thclo
compelled to convene iho General Assembly, and 10
agatn urge such changer In tho law for tho governne
ccssary md to aak appropriation from tho Treae-
ury for !he nuppor of the instl:nt!on = a'ch 137
on the 24th day q May, 1871.
LcgIalntnro fully aware OF tho certainty ths Ey mo-
especially az yss eo,upe!1ea to say that regarded
important not only to thv gencrai interests OF tho
State, but AZ meaus Of providing immediate ail
renitenary. arH IN M niassaee @ commaueatcd to hs
General Assembly, at ltB meeting on tn, tho
a 81 rees M Is s of fraa aaSopfasa, frs
tlo prosecution Of tho work the State House, and at
tho same inns said that IT has been mr. earnea de-
with tho Government Of tho sate 10 the Pelitcn
tiary conducted as to accomplish tse reformation Of
possible 10 tho people Of thu state, and not
the results of FIJI opera
same M @ tims substantially isustaniasn ana q tas
ss ssste for ho ns Of % t ene
Harry in my Judgment ia TINT which combines the re-
ment Of the eonvcta by tho State with tho loase Of
~ to es IT,
9Gect to this principle, and executed tho law has