New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-18

may take TOLLS That what the sovereign granted
It, To che extent to which such grant necessary IN
wolves exemption from legislative control as aforesaid
the sovereign has surrendered such orignai rsns 81
cOntrol-no further Tue Legislature may as Ss of
amount " the toll which 1t shall DO lawiu 70 take
IN tne same manner as tney may Srndins st mill u1
lcss they have deprived themselves OF that power Dya
Has The stSe surrendered with respect 20 this high
wayf IA an agreement that the defendant may take
arsen,enf maj he State will regulate
the use of the franchise and limit the amount OF tolls
This question must answered in the negative. The
state we assume has conferred upon the defendant the
fiyht 10 make some charge, C., 20 take some tOlnO
any specified rate Of tolls nor 10 take tolls within
designated limits, nor 70 take reasonable tolls. The
ngh conferred is supply TO take tolls If this right
not in Tire nature OF things exist along with the right
aforesaid the legislature 70 regulate its aud limit
the amount OF tolls the defendant may take, then, or
course the ht 20 control IS gone. But it obvious
that the two can coexist O.. right snply TO take
toll be exercised 10 lis full extent under law
liking maximum rate OF toll. Tor. In taking snch max
unly 20 take toA As, therefore, the bxing OF
maximum rates Of toll ly tue act Of 1871 Goes no.
fere Win the defendants night 10 take some tos, NV
not unconstitutional as impairing the Obligation OF any
contract between the defendant and the StSto' -
was competent for the Legislature To enact u ~ te a.
ercisc OF lis unsuirendered authority 20 con,ro ~
iendauJ ~ yac exercise Of the franchise cou1c''"
A RADICAL DECISION.
The Court IN this opinion, II Will DO sueu' mas
taken Che most radical ground IL IoiuS ''i"s 'i,o
Legislature has the full right to TX the rates Oh OOS
and il not OBLIGED even TO make them reasonable
Many Of TIC bost lawyers of tho state OeheNe ina,
this positioD ia untenablo since. If the railroad
,or,,is derive tleir light to collect any toll for
srvices rendered entirely from implication, the lm-
pUcati5D /, equally necessary that 1t may collect
an amount that win be fair compensation for IT'S
work. Nobody would build a railroad if it was I'M
dcrstood that tho Legislature retained the right TO
III, ats rates wi hou regard to the value of its ser
vices or Of aly just standard OF reasonable oonpen-
s4tiln The case has been appealed to the supreme
Court of thg United States, where IT Is hoped that
IL may bo argued IN October, and the opinion OF
That tribunal viii BE- looked for all over this West
rn country with the greatest interest since it will
determine the now unsettled question whether
Legislature when it grants a charter to railroad
COMPANY IN which the subject Of tolls is not men
toned surrendrrs the entire power TO regulate it's
RACES.
The Minnesota law seems to me very imperfect
should liz constitutOnality be sustained there are
very grave reasons to doubt that law fixing the
same rates for al roads in the State without regard
10 the cost of their construction OF operation and lg
noriug entirely the amount OF business done by
..ch Is Just either to the roads or 10 the people III
the tat5s fixed are reasonable for road stretching
out into . sp1rscy settled country where its present
psInlngs not more Jhan SSiUUJ uslle, Ouey VIII
he unreasouably high for an Older road that earns
S5O00 or $1,000 n mile. On the other hand rates
that would be reasonable for road Of the latter
class would fan far short of giving fair compensa-
ton to one of the former Again, the makers of the
law seem to have entirely lost sight of the
prnoisls laid down by Judge Lawrence, Of
nlinois. in his somewhat famous opinion.
that reduced rates at q competing point
wcce not pyimG facie evidence of an
unjust discrimination. | should also criticise
the law in utterly failing TO reach the worst abuses
of which the farmers Of this State very justly com
plain. and Of which l expect to speak at greater
lcngth in future letterI refer to the formation Of
wheat rings by railroad officers and employees
who, through combination. control the price Of the
entire crop along the line OF railroad 1t requires
men OF the clearest Judgment and deep study 10
make good laws on this subject and fear that II
will be one of the msfOrtunes of the present move
ment toward reform, that while it may bring into
the Legislature honest who will really desire TO
pass laws for the relief of their constituents. the
maogitv of them will be men who are fitted neither
by habit nor education to deal successfully with
the great questions that will be presented for Their
consideration