Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-01-09


care should be taken to include such pro-
visions as will remove all doubts as to the
right of the State to exercise such supervision
as the public interests may require. The
question as to how far the legislature may ex-
ercise control of the railroad corporations
which it has heretofore chartered-the most
of them with peculiar privileges and powers,
is still in some important aspects an open
one. although judicial decisions are gradually
developing legislative rights which these cor
porations have steadily denied 1t has been
held by the Supreme Court of the United
States that railroad corporations are common
carriers, as that Office is defined by the COM
mon lsw,-at least so far as to require them
to provide sufficient and Convenient methods
of transportation, and to carry passengers and
freight for all persons without distinction and
without unjust determinations even if not on
such terms as may be determined to be rea-
sonable. 1t has also been held that rail
road corporation may be judicially deprived
of its franchises for non-use or misuse OF
them; and that outstanding the owner
ship of a railway may be private, yet the use
is public, aud the road itself public high
way. And as necessary consequence OF
this, the court added by way ofargument that
''the legislature is the exclusive Judge OF the
mode of use," and this carries with 1t the right
to make such provisions and impose such re-
strictions as the legislature may think neces-
sary for public convenience, as well as safe
ty.
| While the importance Of this subject de-
mands careful preliminary investigation ana
inquiry into such facts relating to the railroad
systems of this and other States, as will fur
nish the data for judicious and intelligent
revision of our railroad laws which inquiry,
either through the Railroad Commissioners or
some other commission, most earnestly rec
ommend,-yet there are some features of such
| Legislation of so immediate and obvious neees-
si.y, as it seems to me, that they need not be
deferred
| OF this character is general law for the
| formation of railroad corporations and con-
struction of railroads. Hitherto this has been
done by special charter, and has involved
not only all the evils incident to ordinary
special legislation, but also, at least in some
other States, in cases where proposed roads
were supposed to conflict with existing rail-
ways, those fearfully demoralizing practices
to which great corporations sometimes resort
to defeat or promote legislative measures.
These evils would be entirely avoided by
general law authorizing a suitable number OF
persons, under restrictions which carefully
protected iprivate as well as public interests,
to construct railroads between such points as
they desired, and could obtain the means to
build. By thus putting the construction OF
railroads on free basis, subject to the same
laws Of trade that regulate other business
transactions, they would be built wherever
the demands of transportation justified, or
communities could furnish the requisite
means. Although, on account of the expense
of the construction of railroads, even free
railroading will by no means secure the
same competition in this as in other business,
yet its tendency would be in that direction,
and its influence healthy. 1t would serve,
on the one hand, to moderate the demands of
railroad corporations from knowledge that
competition might spring up; on the
other hand. to some extent relieve such cor
poration from the odium which attaches to
monopolies sustained by law.
Existing laws, as it seems to me, fail to
confer upon the Railroad Commissioners pow
ers which are essential to secure the conven
fence, even if they do the safety Of the public.
These commissioners should have power to
order that additional station or transportation
facilities be furnished by railroad to any
town through which it may pass, where, after
hearing and investigation, they may regard
these facilities insufficient. They should have
authority to require railroads to connect at
such points as they may judge the public in
terest requires; and when the roads cannot
agree upon connecting terms, should have
power to adjust such differences. tits unjust
to the public that they should suffer in con-
sequence of disagreements between different
roads preventing such a connection of their
lines as is necessary to secure the public con-
venience. Without such a provision, it will
be in the power of existing trunk lines to COM
pei new roads seeking an outlet, to submit to
such severe terms as may seriously impair
the value of the latter, and prove prejudicial
to the public interests.
There are other directions in which, sooner
or later, legislation will be found necessary.
While railroad corporations are clearly re-
quired, as common carriers, to transport pas
sengers and freight for all persons, without
distinction, and without unjust discrimina-
ton, yet as the remedies for a breach of
these duties all rest on the common law and
not on statute, there are great difficulties in
the way of any private individual enforcing
his rights against powerful corporation, TN
less there shall be legislation to facilitate.
Inasmuch as it must ever be the aim of the
managers of railroad corporation to make
the net earnings sufficient to pay the interest
on the bonded indebtedness and stock of the
road, the law should guard against the serious
evils which have resulted in some States from
what is popularity known as ''watering stock, :"
by absolutely prohibiting the issue of any
stock, except for a consideration of money,
laUOT OF property equaI ~ the par value VI
such stock or of any bonds or other evidence
of Indebtedness, except for such consideration
equal to, perhaps, eighty per cent. of their
value. SO much danger is incident to the
growing practice of railroad corporations. in
purchasing and holding real and personal
property for other purposes than those neces-
sary to carry on the business for which they
are incorporated. that it may be well to con-
slider whether all such transactions should
not be more clearly forbidden by law.
These and other considerations bearing up
on this important subject, should receive your
careful attention.
SPECIAL LEGISLATION.
In whatever direction you may feel called
upon to exercise your authority as law max
ers, too much care cannot be exercised to
avoid private and special legislation, SO far as
possible. As a general principle, laws should
be general in their character and uniform in
their operations; for it is the business of gov
eminent to protect the rights of all rather
than the interests of few. Too often pri-
vatc and special legislation is only device
to secure exceptional privileges at the expense
of the people 1t is the parent of that grow
ing lobby system which is always injurious to
the public interests; and when supported by