The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-10-09

companies, for the territory was defunct.
The State did confer this right, coupled
with conditions which are binding, from
the very fact that the companies have
claimed the beneficial privileges.
Here, then, we have in the constitution
itself the very obligation which the compa-
MES deny. What follows? Simply the ap.
plication Of the maxim that when consti-
tutional right is granted in terms, there is
power to make that right etfectual by legis-
latlon. Upon this principle the power to
incorporate the United States bank was sus-
tanned; so was the power to pay the inter-
nal revenue laws; so was the power to
raise armies by CONSUMPTION in the dire ex-
tremity of the nation; so was the power to
grant lands, or to expend money directly
for internal improvements. And upon this
principle can be planted, as upon rock the
power of the State to prescribe tolls and
rates in order to compel these corporations
Ito carry the mineral, agricultural
and other productions or man.
ufactures upon equal and rea-
sonable terms" A Republican legisla-
ture has enacted law which prescribes
these tolls and rates, and that law has been
sustained by the Supreme Court of the
State year before the Owatonna party was
born or thought of.
But concede for the purpose of another
branch of the discussion to which we will
proceed, that these rights survived in the
companies to the fullest extent after the for
nation of the State. All this may be true,
and still by subsequent transactions-by
notifications of the original power-these
rights may have suffered abatement in this
respect. 1t is we'll known that, in 1868
these companies mortgaged to the State of
Minnesota, not only their property, but
themselves. In another form of expression,
they mortgaged to the State their road their
lands, their incOrporal franchises, among
which was this franchise which they pre-
tend gives them the right to impose such
rates as they should prescribe, whether rea-
sonable or unreasonable. 1t is matter of
familiar history that the State foreclosed
this mortgage, and at the sale, purchased
the things and rights m0rtgaged. The State
thus became sole corporator. 1t became the
owner of the franchise to levy tolls, and
succeeded to all of the rights of the compan-
les in this respect, unless it, the State, was
under some disability. The State being the
sole-corporator, must obey its own consti-
tuition. If the State had gone on to con-
struct and operate these roads, which pro-
by; the provisions of the old charter which
allows the corporation to impose such tolls,
reasonable or unreasonable, it may deter
mine, or could it be bound by the provis-
ions of its own constitution which provides
that these rates shall be fair and reasonable?
The State did not undertake to construct or
operate their roads, but it granted to the
present corporations all the franchises which
it was competent to grant. But in so doing
the State could grant no greater power or
franchise than itself could exercise, and if
the State was bound by its constitution in
regard to this matter Of rates, it could not
by the force of grant give to the grantee
more than the grantor had. The power
which was in the companies to levy tolls
was merged in the State by the power of
alienation, and was annihilated by the con-
stitutional disability of which have spoken.
There are other reasons why the power
of the legislative control exists in regard to
rates, of which time does not permit the
discussion. But from the considerations
which have already been adduced, am
satisfied that the power which was exer-
cised by the Legislature of 1871, and which
has been sanctioned by the court of the
State, rests upon an undoubted constitu-
tional basis. The question is not so much
now, what power the State has, but it is
rather, how may these unquestionable
powers be most effectively used? No law
ever yet executed itself. The highest Off
Gals will be powerless in this business, un-
less they are sustained by an overpowering
public sentiment, not f1tful and wavering in
its manifestations, but strong, persistent,
uniform and enduring. I believe that there
is such sentiment, and look with entire
confidence for the most beneficial results
from is action,
In what 1 have said my remarks have
been limited to State action. But mo-
ment's reflection will show that the power
to work complete relief is not in any one
State. Our jurisdiction ceases at the bound
airy line, but these companies are not
bounded by such imaginary divisions. We
may prescribe rates for Minnesota which
will benefit US little in many most import
ant particulars. Our wheat seeks the sea-
coast, and in its transit passes through five
States, with powers as absolute as our own.
AS it passes from State to State, it mani
testify yields such tribute as may be exacted
by those who, under the authority of that
State, control the roads. AS matter of
fact, however, to such an extent has rail-
way consolidation grown, that these powers
are concentrated in the hands of few pri-
vate individuals in the great monetary CEN
tres. The recent advance of three cents a
bushel for carrying wheat was dictated
from Wall street to the western roads.
Minnesota may apply its laws so far as its
own territory is concerned, but it must be
remembered that each bushel of wheat goes
far beyond our boundaries, and is practi-
cally tolled by the carriers at the end of the
route.
We may be driven to seek the aid of q
power whose jurisdiction embraces all the
territory occupied by the railroads of the
country. That power is the United States,
and to its constitution we can look for au-
thority to administer comprehensive rem
edy. That instrument gives to Congress
the power to regulate commerce with for
eign nations, and among the several
States" The power to regulate commerce