Los Angeles daily herald., 1873-10-14
Yos Anseles Atrald.
TUESDAY........ 49,. OCTOBER IA, 1873.
Vested Rights---No. 3.

Vested Rights---No. 3.
Having endeavored to give some of
the grounds upon which the claim to
vested rights are acquired by private
corporations from the legislative power
let us look and learn if the people have
not some remaining rights in railroads.
Although our courts have generally
held that an unlimited right or fran
chise granted by the legislature is be-
yond the repeal of a subsequent legis-
lature, they have recognized the pow
er of cancellation as existing in the
people, in their sovereign capacity.
They have not placed the remedy be-
yond the reach of the people, but have
removed it to the extreme limit Of the
power of that people, and to point
where its application is difficult and
accompanied with long delay.
The Supreme Court of the United
States, in case where it was contend
ed that an act of the State Legislature
was void, said "We are not the
guardians of the rights of the people
of the State, unless they are secured
by some constitutional provision
which comes within our judicial cog
nizance. The remedy for unwise or
oppressive legislation, within constitu-
tional bounds, is by an appeal to the
justice and patriotism of the repre-
sentatives of the people. If that fail,
the people in their sovereign capacity
can correct the evil" The Chief JUS
tice of Pennsylvania, in an opinion of
the court, said: "In every American
State, the people constitute the sover-
eign power with no limitation of that
power but its own will, and no trustee
of it but its own appointee.'
For some time past, as well as at the
present time, there has existed to some
extent an alliance between the gov
ernment and private corporations
This alliance has virtually ignored the
people, and has not kept the peoples
interest as the objective point Of its ac-
ton. The government, instituted by
and solely for the best interests of the
people, and by whom its burdens are
sustained, has in all matters connect
ed with this alliance, given little orno
heed to the welfare of the people. The
power of private corporations, holding
these assumed vested rights from the
Legislative branch of the government,
has Gnstead Of the people, elected and
appointed officers of Government.
These officers, having obtained their
places through the aid of the corpora
tions, have for many years lent the
influence and power of the government
to the furtherance of the ends of the
corporations instead of to the inter-
ests of the people, whose agents and
servants they are in the administra-
ton of the government.
These corporations, by largesses to
the officers Of the government, pro-
cured, through legislative and judicial
action, such an ascendancy over the
people and their welfare, that their re-
spective officers act as if the pres
ent interests of these corporations
regardless of the interests of the peo-
Pile, should be their first, highest and
only aim in their daily business. Hav-
ing obtained from the agents of the
people franchise for a specified pur-
pose, the corporators assume that
thenceforward the people have no
rights in that matter, except such as
may be to the interest of the corpora
tors to extend to them.
The constitution of California says
that it is one of the inalienable rights
of the people to possess and protect
their property, and that private prop
erty shall not be taken for public use
without just compensation. 1t follows
rs a sequence, from these provisions,
that when private property is taken
from the owner. it must be for a public
and not for private use. AS Il corol-
larry of these premises, we must find
that each and every railroad which has
acqnired the right to it's roadway
through the instrumentality of the
courts, is for public Use.
Again, not alone the roadway, but
every dollar which has been granted
by the State, by counties and by cit
les, as subsidies to aid in the construc-
ti0n, and the putting into operation of
railroads, has been so many dollars of
private property taken by process of
law for public use, there is left no
g.Ound whereon to stand in support of
the allegation that railroads are the
private property of the corporators, and
that they can use that property as they
may see fit, without any regard to the
individual interests of the people or the
public welfare.
.-s-.-s4-.sz-z.--s@~E--As--~.
o. Gopyin@ Contemporaries.