Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-10-02

their own wheat is removed, Il
freights may be raised again, and a
Piled to the outside public at the 70
mer rates.
1t is as competent for Congress
provide that any person engaged
the carrying business, OF being
stakeholder or director of a corpor.
ton so engaged, shall not at the sam
be engaged in buying or selling pre-
duce to be transported by himself G
his company, as it is to provide tha
no member of Congress shall practic
in the Court of Claims, or that no Of
ticer engaged in the collection of Gus
toms shall be engaged in foreign com
merce. And such an exactmeu
would cut off the source from whic
the greatest fortunes have been wrong
fully realized by those who manag
railroads, remove from such manag
ers great temptation to detraud thei
stockholders, and secure a regularit,
in the carrying business which woulc
be very advantageous to the public
In these, and in many other partic
ulars, the interference of Congress
would correct abuses, and encourage
an honest management of these grea
corporations.
Indeed, comprehensive survey Of
the present railroad system Of tht
United States, its abuses, its exac
tons upon Congress, its injustice to
ward all other means of transports
ton, and the tyranny it may and act
ually does exercise over the people
will fully vindicate the wisdom of oul
fathers in lodging in the General
Government the complete power to
regulate the whole subject, which the
States are wholly unable to do.
The people today are groaning un.
der despetism controlled by a few
individuals, who in secret session de,
termlne the amount of money they
have need of, or desire to realize,
and forthwith levy it upon the com.
merce of the country. From their
decree there is no appeal. And this
irresponsible power reaches into all
the affairs of domestic life, and regu-
lates the prices of all the commodi
ties of daily consumption. Such an
unlimited power in the hands of a few
whose interests are directly opposed
to the interests of the many and
whose cupidity is subject to no legal
restraint, must always result-as it
has in fact resulted in expressions
too grevious to be borne. And if the
General Government cannot or acill
not deal with this evil, then it must be
confessed that the constitution has
failed to accomplish one of the princi-
pal ends it was intended to secure.
There is a general conviction in the
community that some reforms must
be made in railroad management, and
that legislation is necessary for that
purpose. The farmers understand
that they can control the enactment
and execution laws, but there does
not seem to be great unanimity of
sentiment as to what it is wise to do.
And it cannot be determined what it
is best to do, until it be understood
what can be done under our form of
government and this is a question
about which there is a consid cradle
diversity of opinion among lawyers
and public men. Nothing IS gained
by showing that it would be desir.
able for Congress to interfere unless
it can also be shown that Congress
has the power to do Sc. l shall
therefore consider this matter, and en-
deavor to establish the following
propositions:
~ Railroads are highways, and
therefore they may be built by money
raised by taxation; and without re-
gard to how the money has been OBJ.
tanned to build them, their manage
ment may be controlled and their tar
IF of rates be fixed by legislative au-
thority.
(2) That Congress under its pow
er to regulate commerce among the
several states, may regulate the tariff
OF rates upon all roads as to inter
state commerce that is, where the
places Of shipment and destination are
not both in the same state and
(3) That Congress also has the
power, as regulation OF inter state
commerce to build, or authorize The
building of such number of trunk
roads between the West and the Eas
as may be necessary to reduce b,
competition, the prices of transporta-
ton to reasonable amount.
/.
Railroads are public highways; dnc
therefore may be regulated and thei
tariff prescribed By legislative authority
Several years ago, in an address
before the State Agricultural Socie
ty of Wisconsin. at Madison, | hat
occasion to maintain this proposition
A newspaper having recently refer
red to this address, and quoted pas
sage from it, the Chicago Time
pitched into the editor, aud abuse,
me as a railroad ring lawyer,
through two thirds of a column. |
is not very important who main
tains the proposition but it is i'm
portant 10 know whether it be SCUM
or not, and whether it be favorabl
or unfavorable to public interests
The devil may quote scripture. bu
the scripture is scripture still. True
the Times admits that the propos
ton has recently been sanctioned b,
a deliberate judgment OF the Suprem
Court of the United States; and
might have added that the same doc
trine is maintained by thirty"tive OF
of thirty-seven of the State Suprem
Courts, and by every Circuit an
District Court of the Unit ed State
that has ever passed on the question
1t is of the highest Importance ths
the railroads of the several State
over which our inland commerce
transported, and which have bee
aided by an exercise of the right
eminent domain, upon the groun