Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05

the transportation of their goods from
Winona to Rochester, the sum of 81
cents -.
Tho sum actually claimed by the de-
PENDANTS, Wig: 81, was in accordance
with the rates Of freight upon proper
| y Of that kind, established by the reg
ular published tariff bills Of defendant,
aud was the same rate, and no greater,
than that usually charged by defendant
for such service.
It was stipulated by the parties In
and tor I'LL the purposes Of this action,
that, if such act is valid, operative &C d
applicable to the defendant in this case
that then and in such case judgment
shoald be for the plaintiffs-otherwise
for the defendants.
The defendant derives it's existence
and its various rights and franchises, 80
far, - is material TO- the present
question, under the following acts of
the Legislature Of the Territory and
State of Minnesota.
Laws 1855 chap. u, 1857, extra ses-
sion, sub. oh. 2of Oh. L., and oh. Is,
special laws 1862, Oh. 10, special laws
1866, oh. 8. ~s>
By none Of them il apy authority to
charge any freight Of passengers car
ried over ito road expressly granted to
defendant. 49,. ,...-..
But the court below finds as follows:
l. That under and by virtue Of the
defendants aot Of inoorporation-and
tho several other acts pertaining 70 tho
subject matter accepted aud acted on BY
the defendant prior to the passage Of
said acts Of 1871, possessed the implied
right to transport passengers and freight
over its road and make and receive
some changes for such service. - VI
2nd. That this right, thout ,h one
arising by necessary Implication only, is
one Of the essential franchises of the
corporation which became vested in the
company Immediately upon ito accept
anoe of it, charter, and Immediately be-.
came ~ sacred ~ any other of I: its
rights. 1t ~.stss - III;
Whether the District Court was right
in thus concluding, it 10 unne cessary to
consider. We assume, for the purposes
Of this case, that it was and that the
defendant possessed, q ono Of its e.
sential franchises, the vested right to
demand and receive some charges for
such transportation, freight and pas
sengers. 4. g.. = = s*
We are, nevertheless, Of the opinion
that the act in question 10 valid, opera
tive and applicable tothe defendant in
this case.
It is admitted to be 30 unless it con-
Aicts with those provisions Of the State
and Federal constitutions which prohi5-
it the passage Of laws impairiDg the
obligation Of contracts, or unless it is
an usurpation by the legislature Of ju-
dicial authority. s:.>s ~
The contract between the State and
the defendant is (as We assumed that it.
may make some changes for such ser
vice as aforesaid ,tt:rv -. 49,. =
It's charter may be-. amended BY any
Legislature, in any manner
not destroying or affecting defendants
vested rights. Sec. IL. - ~. -. ..', =
The act in question fxes q maximum
toll for the transportation Of such goods
as those in question in this case over the
defendants road: ...,,tss =
Does itimpair the obligation Of the
contract above stated for the State thus
to FIX . limit to the amount the defend
ants may charger - 49,,
r. The right to demand and receive
some toll is, We assume, one Of it's es-
sential franchises franchise, which
in England is = branch Of the Royal
prerogative subsistipg in the hands Of q
subject, in this country can only be de.
rived from the Legislature. Franchi-
ses are here, il. a. in England, privileges
Of the sovereign in the hands Of the
subject. Whosoevcr claims an exclu-
sive privilege with us must show grant
from the Legislature A privilege Or
immunity Of = public nature, which
cannot be legally exercised without Le-
gislative grant, isl franchise. 2Bl.
COM, ~. 2 Kent, 459. Poo. ". Uti.
q Ius. 70. Is Johns, $50. $
:" Inasmuch ~ it is the duty Of the
government, with respect to the vel
fare Of the public in general and Of
trade particular, to provide safe and
commodious ways Of Communication
whence flows the right Of the
State to oblige those who make use
Of the ways it provides to contribute to
the expense Of making and maintain
ing them, !. e., to levy tolls; it follows
that the RIGHT 20 mako foais and lew