Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-02-25
RAILROAD MONOPOLIEs.
Remedy Proposed by Gov. Palmer, OF lilinOi.
In His Annual Message

In HIS Annuai MessNge
10 my judgment the existing laws,
intended to regulate the duties and
and define the obligations of common
carriers by railways will not accom-
pIish the object desired, for the rea-
SOD, among others that they are, to
a certain extent. based on the wide
spread misconception of the true re-
lation Of that class of public agent to
the people, and "a a consequence oil
that misconception. the regulations
Of the government of the owners and
managers of railway lines are confus.
ed and weakened by assuming that
The ownership and management OF
railway lines. and the receipt, trans
portation, and delivery of passengers
and freight for hire, which consti
tutes the business of q common carr
rier, are so iLseparable that they are
necessarily parts of the same gener>
al business, while in the nature OF
things, and from the force of praotic.
es that now extensively prevail Oh
many lines of railway, they are es-
sentiallv different pursuit., and reg.
ulations intended for the government
of one have no fitness or proper ap-
plication TO the other.
All the railroads in operation in
the state were constructed under the
authority of laws that conferred up-
on the corporators that undertook
them the power to acquire the lands
needed for the use Of their road by
consent Of the owners, or to take
lands as for public uses upon making
compensation, and the power to con.
struct and main ain railway with
the proper appurtauces. and TO &C.
Quire and hold the suitable Tecessa-
ry machinery to operate them. and
to engage in the business of common
carriers Of their own lines, and it Ia
to the fact that railway corporations
exercise the power conferred upon
them to carry on the business of
common carriers, and by their own
arbitrary authority fix the rates they
will demand for services rendered
exclusively by their own lines, or, by
com binations with other corpora
tions that claim similar powers, fix
the rates between the most imnor
tant and distant points, that we owe
the interest that the people feel in
their management. Every one inter-
ested on the subject o; the cost of
the transportation Of the products Of
the country to market realize, in
the result Of the exercise Of these
powers by railway carriers, all the
evils that are produced by the exist
ence of a monopoly. and many meth
ods have been proposed for sffording
relief but without now discussing
any of them, | am satisfied that The
only means that will afford the coun-
try the relief that ia demanded, is to
invite and encourage the competition
on all the railroads in the state, be-
tween the carriers that control them
and others who. upon just compensa-
ton to be made for the use of roads.
and their appurteDances, and for the
fixed facilities needed may choose
to remain in the business. If the
monopoly Of the business or any of
the important lines Of railroad be ia.
ken from the corporation that owns
the road, the effect would soon be
perceived in the increased facilities
for transportation and cheaper rates.
1t is because competition Is not now
possible that railroad managers dis
criminate between localities and in
dividuals, but if the legal right of
others to engage in the business on
the railroads of the state was once
established by law. the mere exist
ence Of the right would constantly
and favurably influence their COM
dnct, though tho right of conn etitiou
secured to the individuals by the law
might never be exercised.
Il is with q view to break up the
monopoly of the use of their own
railroad lines by common carriers,
and, if possible, to separate the own
ership of railroad property from the
prosecution OF that business, that the
constitutional convention the 10th,
18th and 14th sections of the 18th
article of the constitution of 1870,
the public mind bad been so affected
with the impression that railways
would only be useful 20 tho public "a
long as the corporations controlling
them were able to carry on the bust
ness a. common carriers, that dis
position was sometimes apparent to
consider the rolling stock and other
movable property of rallro d corpo-
rations as sppurtenant to the rail-
roads. To correct that impression.
and to prevent it's further growth.
| the l0;h section of the 1l'h article
of the constitution was adopted,
which declores'thSt the rolling stock
and other NOV able property belong
ing to any railroad company in the
state shall be considered personal
property, and shall be subject to ex.
ecution and sale in the same manner
as personal property of individuals
and the general assembly shall pass
no law evempting any such property
from execution and sale" And
then, 20 lay the foundation Of the as
sertion Of the public right TO author
iEs competition IN the business O
carriers on the roads of the state and
to furnish the bssis for proner def
inition of the owners of railroad
property, as against the public righ'
10 its use. by the II section of the
article it declared "that railroad
heretofore constructed or that may
be hereafter constructed in this stat,
are public highways, and shall b,
free to sll persons and property
thereon, under such regulations a
may be prescribed by law" AM
the 14th section recognizes the RICH
Of the state to take the property o
conversations for public use to TIA,