The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1873-01-18
for wickersh.u. simon bad paid for tina,
vote and was bound TO have it.
Are Railways Highways?

O., Arc Railways Highways?
The position taken by Gov. Palmer, in his
messag', that railways are highways, and
therefore as subject to legislative regulation in
all respects rs any other public roads, is at
tracing wide attention outside of the state,
and promises to lead to important results
The position of Gov. Palmer, and his argu-
ment IN support of it. are thus briefly stated
by the 81. Louis RepubLicau:
The general, we might say universal opinion
heretofore has been that railways are private
property, owned exclusively by the companies
which control them, and subject to their tx
elusive management; in other words, that
railway COMPANIES ARE Chartered monoplles
and the track, utpots, bridges and other sta
tionary paris of the roads are their special
property. Gov. Palmer, however, asserts that
this L no, correct lie maintains that rail-
ways are improved highways but highways
still, ana th they must come under the com
mon law oil highways. Their construction in
wolves the acquisition of the right OF way, the
condemnation ot private property, the cross.
ing streamS--ail these being incidents and
properties OF general highways and therefore
bringing railroads within this clas, of lnstitu.
tons. THIS Is Gov. Palmer's argument but
he SUPPLEMENTS it with Il hitherto overlooked
constitutional declaration that seems to make
it unaaswerable. The4yelnh secuol of the
| eleventh article of the constitution of 1870, of
Illinois, plainly declares that railways hereto
fore constructed or thar may hereafter be con-
stru led IN this state are pnb.lc hgtpaJS, and
shall be free to all persons for the transpJrta-
ton OF their persons and property thereon, un-
der such regulations rs may be prescribed Dv
law Ano II tins is not enough the tenth
section 1T the same al,ic.c declares that the
Iollilg stock and other movable property be
longing 10 any railroad company in this state,
shall. be considered personal property, aud
shall be liable 10 execution and sale IN the
same manner as the personal property Of iudi-
vlduals. and the general assembly snail pass
no law eXcmpting such property from eXccu-
ton and sale This provision has greater
significance than at first appears. Gov Palm
er says the secret OF the Almost irresponsible
power exercised by railway companies, and the
chlet Giifl atty IN the way OF dealing with
them, Is "the Widespread mscouceptIon that
the ownership amt management OF railway
ttHeS, and the receipt, transportation and de-
livery OF passengers and trcights for hire
when constitute the business of common
Carrier, ATE So inNeparable that they are ncces.
sarily parts OF the same general business. while,
In The nature oI things, and from the force OF
practices that uow extensively prevail on
many lines OF railway. they are essentially dli.
terent pursuits The meaning OF this is that
a railway company's rolling stock and other
movable property belongs to It exclusively,
but the road, together with the bridges, sta
ton houses, platforms and other appurtenances.
belongs to il only to the extent that any other
improved highway, such as a turnpike road,
or toll-bridge, belongs to lis owners. IL is as
much highway, intended for the public use,
as toll.bridge, and subject like toll bridge,
to eminent supervision and regulation by the
state, as the trustees OF the public. Any per.
son may be u common carrier on turnpike
road, and use his own vehicles for that pur.
pose, paying a reasonable and uniform com
pensation therefor; and any person, according
to Gov. Palmer's theory, may perform the ser
vice OF common carrier on the railways OF
Illinois, using his own vehicles tor tie pur-
pose, and paying a rea onabe and uniform
compensation for the use OF the track.
Following out this idea, we have in the con.
Guiding paragraph, the following as the prac.
teal effect of Gov. Palmers theory. he
says:
am satisfied that the only means that will
afford the country the relief demanded is to
invite and encourage competition on all rail
roads In the state, between the carriers that
own or control them and others, who up
on just compensation to be made for the USE
OF the roads and their appurtenanses, and tor
the fixed faculties needed, may choose to en-
gage in business. Ii the monopoly Of bust.
ness on any of the important lines Of railroad
was taken from the corporation that own:
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
discriminate between localities and individu
ais, but If the legal right ofothers to engag,
in business on the railroads Of the state wa
once established by law. the mere existence o
the right would constantly and favorsbly infu
ence the conduct, though the right OF compe
tition secured to individuals by the law nigh
never be exercised.
farmers Club at Tonica.
! On SATURDAY. la,k a Cormers, Clnh UNA or