New-York tribune., 1873-09-05

will either deny or object to the exercise by
the I,eeislature of the power to reverse or
/" annul at any time any chartered privilege
+" or so-caIled vested right or any privilege
=" claimed to be involved in any charter to any
t" cornoration. railroad or otherwise, which
experence has shown is, or may De- exercised
"by such corporation, or by ofher similar cor
" porations. to the detriment OF the public
" welfare - and they determined to exact an
explicit ayowal of this doctrine from all their
candidates, legislative, executive. and judicial
II will be seen that the Minnesota Farmers go
great deal further than their brethren in
Illinois and other States. The Oranges have
generally contented themselves with hold
ing that the Legislature could not
diyest itself of the right to regulate
the dealings of chartered corporations with
the public they were created to serve, or to
declare their charters forfeit for gross abuse
in other words, that the corporations were
bound to render certain services, and that the
Legislature was bound to see that such service
was performed. But the Owatonna Conven-
ton declares a charter to be nothing more
than license revocable at will. The privilege
NAV be withdrawn, not only If it has been
abused. but if it is susceptible OF abuse; nay,
more the franchise of any railroad may De
annulled if experience has shown that the
same franchise "is or may be exercised" by
"other similar corporations to the detrlment OIL
"the public welfaren What constitutes detrl-
ment of the public welfare Is left 10 the Judg-
ment of the Legislature. In plain English,
any charter may be cancelled whenever the
Legislature finds probable cause to believe
IL r. ha better
were not in existence.
1t is probably not worth while to remind the
trainers of this resolution that all the courts,
from the highest tribunal in the United states
down, have uniformly held that charter Is
not a license, but a contract, and that the
validity of contracts cannot be impaired by an
act of the Legislature. They belong apparently
to that ultra radical school of agltators VINO
set the popular will above all "musty de-
&" "cisions," and hold that it must have lts way
right or wrong, law or no law. But the argu-
ment of expediency may perhaps touch them'
They know that the railroads have done as
much for the West as the Farmers have DONE
Bnt for the railroads Minnesota would still be
a wilderness. Capitalists have been invited to
omen the country, and the most liberal char
ters have been granted to induce them to
bnild these roads and take the risk of losing
their investments. Now, when the west Is
still only partially developed, and in urgent
need of more roads, it is proposed to repudlate
all these contracts and concessions, and 10 de-
clare that any agreement on the part OIL tue
Legislature would be an attempt to limit the
sovereign power and therefore not to De re-
spected. How much capital will the West get
when that theory is adoptedf
See also how the doctrine would hamper
the Farmers themselves. One of their reme-
dies for the transportation difficulty is to de-
clare every railroad a public highway and
authorize every man to put his own cars upon
it. But cars cannot be run Independently. If
the Farmers undertake to send their freight
in their own vehicles they must combine, on
the cooperative plan perhaps, and form trans
portation companies TO do that they need
charter either under special or general
lava charter granting them certain prlvl-
leges. Now every grant of privileges is sus-
ceptible of abuse, and the mere fact that 1t
nav be abused, that the grain growers for in
stance may combine to raise prices or dlscrlm-
mate, is reason enough, according to them, for
the summary withdrawal of their privilege.
We are thus particular in pointing out the
extravaganza of these Minnesota resolutions
because we look for valuable and permanent
results from the Farmers Movement, and we
lament the. false steps into which the leaders
are occasionally betrayed. Whether new
party is to be formed out of this disturbance
in the West is doubtful but there Is cheer
ing prospect of the regeneration of political
life through the introduction of the earnest,
honest spirit of the rural element-a prospect
of the overthrow of the tyranny of the eau
Gus and of partisan superstition. All true
friends of pure government, and all true
friends of the Farmers will agree with us in
the earnest hope that the errors which are in
separable from great popular excitements may
be pointed out promptly and corrected with a
manly courage and decision.