Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-02-25

y
tions to be provided by law, that the
property Of railroad corporations
may be taken by the state for public
purposes to give effect to it's own
policy and the proper conclusions
from these sections, and from the
whole scope of that portion of the
constitution which refers to railroads
is, that the policy intended TO be
supported is to break up the monop
oily of the carrying business, which
the on ners and managers of the
railroads have secured, and to make
the lines of railroad free to com.
merce, subject only to the rights of
the corporations and individuals to
whom they belong or demand COM
pensation for their use, and then on.
ly to the extent TO which they may
be used.
The fundamental doctrine of the
state constitution is that railways
are highways, and that, considered
alone in that character, they belong
to the public, subject TO the control
and regulation of the state and
adopting the language of the SUI
preme court, employed in some of
the cases in which the tribunal has
sustained subscriptions made by pub-
lie bodies in aid of the construction
of railroads, they are improved high
ways, and the corporations that. by
the permission and under the author
ity of The state, invested their means
in making the improvements, nc
quire fixed, exclusive and vested
property, interest i'll the highway "a
improved, which the state has no
constitutional power TO disturb or
displace, except in the exercise of the
right and power of eminent domain,
and upon making just compensation
But, il is true, az before stated, that
the corporations that constructed and
improved the highways 10 addition
TO the powers conferred upon them
to construct and maintain their
roads, were authorized TO employ
upon them the most most improved
methods of transportation. and to en-
gage in and carry on the business of
common carriers of passengers and
freights and under the constitution,
their right to carry on that business
cannot be taken from them by legis.
Iative action, nor by the exercise of
the right or power of eminent do
main, for after others have acquired
the right to engage in business as
carriers on the lines of their rail-
ways, there remains TO the corpora
ton but the right which cannot be
taken by the state in the exercise of
any of it, powers.
1t will be observed that the theory
of the constitution thus presented
comedies to the owners of railroads
the right to compensation for the
use Of their roads, to the full extent
its use may be required or taken,
and it will be easy for the general
assem- bly, to prescribe rules under
which carriers will be authOriz d to
place upon any Of the railroads of
the state a definite number Of Ell.
gines and carriages 20 make stated
trips from and to certain points, TO
moke at an established rate ofspeed,
to use the appurtenances of the road
and the f xed facilities provided by
the corporations or the right to pro-
vice facilities at INHERENT and cOnven
lent points along the line, all to be
governed by such equal and proper
regulations as may be prescribed by
by the corporation.
But the exclusive right of railroad
corporations to carry on the bust
ness of common carriers on their
lines is not supported by any just
view, of the law. They may. not,
withstandiog the fact that other
carriers engage in business on their
lines, continue to prosecute the same
business. but upon the highway of
commerce in which they are inter-
ested owners, they. while employed
in the Office and du Y Of carriers,
have no superior rights to others.
In conclusion of this view of this
imports nt subject it is due to myself
that | should say. that the interests
of the country demand that the pow
er claimed by private persons and
corporations to control all the great
lines of intercourse between the re.
hottest points on the continent. and
the great centers of commerce and
trade cannot longer be endured.
In the in fancy of the system when
railroads were merely subordinate
TO the natural lines of transportation,
and their only competitors for bust
ness were the wagons of the pioD-
GERS, rights and powers were conced-
ed TO the corporations that eontrolI-
ed them that are utterly inconsistent
with the relations that now bear to
the commerce of the country They
have superseded the rivers rnd lakes,
and. like them, must be made free.
subject to no other burdens than
such as are necessary to compensate
those who own them and no sys-
tenn of regulations which comedies
the unfoupded claim of railroad cor
porations, that are aIsJ engaged II
business "a common carriers, TO the
exclusive use of their own business
will or can be effectual to prevent
the abuses. unjust discr limitations.
and extortions under which the peo
pie have suffered so much, and OF
which they so Justly complain.
i9- The Republican party can not
aft I'd to do as its opponents have
done. lift would perpetuate its rule,
Repuslicanism means reform. II
means Advancement morally and po
liticalIy; and. if some who should
have been faithful have fallen by The
wsyside, the party must march or
without them 1t is to be hoped
there will be wisdom and courage
enough TO do it--Tdshincton Rep.