The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1874-05-28
SENATOR CARP ENTER ON THE
RAILROAD LAW. e.
WASHINGTON, May IL, 1874,

EDITORS STATE JOURNAL Having
received several letters asking my opin-
ion in regard to the cons,i,utionallty of
the act of last winter prescribing a tariff
OF rates for railroad companies, and not
having time to answer them separately,
] ask the favor Of answering through
your columns. 51
In my opinion, the power of our legis-
lature, over the corporations of the State
to alter, amend, or totally repeal their
charters, to give them new aid enlarged
privileges, or 10 limit and restrict those
they now possess, is full and clear.
shall not consider the Diet ais II this act
The people for twenty years have submit
ted to the enormous powers of the corpo-
rations, and If in this first act of correction
some provisions are too harsh, the COM
panies should do what the people have so
long done, obey the law. and amply to the
next legislature III have it modified. The
question now is whether this statute is
valid until modified. aH "L
Instead of submitting to the Law, how~
ever, the railroad companies have declar-
ed their independence of the State Gov
ernmeLt, have set its laws at defiance, and
are now operating their roads In violation
OF this statute, but in conformity with
rules and regulations prescribed by them
selves, which are now asserted To be of
higher validity than the statutes. The
boldness of this'proceeding should inspire
corresponding firmness on the part IF the
people. and. | doubt not, the proper offic-
ers of the state will take the necessary
steps, and that right speedily, to deter
mlne whether the law-making power,
touching ;his important subject, resides
10 the legislature elected by the people,
or In board of directors elected by Lon
resident capitalists, sitting in Wall street.
l have carefully examined the opinions
of Messrs. CURTIS and EvARTs, recently
published. and admire the Ingenuity
and skill with which they have conceal
ed the real question beneath arguments
to establish some propositions which
everybody comedies, and Others which, if
established, would be altogether irrele-
want. 9+''a ea# 'iI# .1...
The real question is simply this Can
the Legislature regulate the tariff of rates
to be charged upon the railroads
of the State for the transportation of
passengers and freight? u E
The snswer to this question depends
upon the legal character Of railroads, and
the relations which exist between the
State and the railroad corporations !: or
in other words, whether a railroad Is
public property or mere private estate,
and whether these corporations are sub
s..4ffIHFE Eg4fs = E& gf8jtI- b
jects OF the State, amenable to it's laws.
or sovereignities independent of State
control. 4" q Aii0 .......
| z tfdW <fisf sef#fo 't@a
Il railroads are mere private estates,
owned Aby the corporations in absolute
right they are no more subject Ito
legislative control than q farm or-any
other mere private property. If. on the
other hand. railroads are public. highways.
then they arepart Of the public domain
Of the State, farmed out for administra-
ton, but subject to the control of the
Legislature, like any other highway by
land or water. vi. 4
But fortunately for tho people. it is
well settled that railroads are public
| highways, and as such, subject to legisla-
Tive control. This question arose Ii the