The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1874-05-28

| DyCne QoZen on consulting QlgesC.
IF railroads are public highways, the
right of the Legislature to control their
management is al logical consequence, aud
exists to the same extent as in regard to
other public property.
Having considered the legal character
of railroads, I come to the relations which
exist between the State and the CT mptny.
Every railroad company has twO-fold
character: First-in The relation to the
State, it is the agent Of the State to oper-
ate railroad Of the State and, second,
in it's relations with persons engaged III
illustrate: A State not forbidden by it's
constitution might construct and equip a
railroad and operate 1t that is, run it's
trains by officers appointed by the Sta e,
and at the expense OF TIE State. The
State might then create corporation,
and give it the monopoly of the carrying
| business on such road. In such case, no
one will deny that the State, in conferr-
ing such monopoly might provide what
rates should be chargable for transporting
persons ard freight. ....
Now, the real case is this: The State
said to the capitalists who desired to en-
gage IN the carrying business, "we desire
| to have a railload built and operated
from Milwaukee to the Missippi river.
| If you will advance the money necessa-
ry to build and equip the roal, and then
operate it, subject to :our supervision and
control-that is, subject to our power at
any time to alter your charter as the pub
lie goo0 may require will grant you
al act of incorporation we will take and
hold the land upon which to build the
the road, by the right of eminent domain,
though you shall pay the damages assess,
fed to landowners anG YOU Shall then
have the monopoly of the carrying bust
ness on this road, and fix your own tariff
of rates: Provided, however, that we
! will reserve the right toalter this proVls-
ion in regard to rates If we shail see fit /;
OF to repeal your charter altogether, if We
find it necessary to prevent you from OPP
pressing the people in exercising the
power thus conferred upon 20 u" This
proposition is accepted; the capitalists
are incorporated the States takes and
holds the land ; the company improves
it by building and equipring theroad,and
engages in the carrying business thereon.
Now, it is found that under this PROVE
ion of the charter authorizing the COM
pany to fix its own rates, the company is
guilty of oppression and the State exer-
cises the right it had expressly reserved,
and alters this provision by fixing tn e
rates to be charged. And now it is said
that for the State to do what it has ex-
/
pressly reserved the right to do, is vio-
lation OF the understanding or contract
| be tween the State and the company.
The Constitution expressly provides
that all charters or acts of incorporation.
granted by the Legislature, may be ais
tered or repealed by tie Legislature at
any time after their passage" 1t is well
settled that this provision enters into ey-
/ cry railroad charter as perfectly as though
it's language were embodied therein and
hence the power of the Legislature to al
ter any charter is undoubted.~ But alter
it how To what extent? To what
end ? In what particular The Cousti-
tuition says it may be altered. Whoever
claims limitation upon thisspower to al
ter charter, or to except certain things
out of the power, has the burden of es-
tablishing the Limitation or exception.
The Constitution gives the Legislature
1.-The power to alter charter, without
| limitation or exception, and !even to re-
peal it altogether. Mr.. CURTIS says;
Charters are to be amended or altered
by the exercise Of. legislative power, and
| if the, act in question, when rightlypview-
ed, is not an exercise OF Legislative. pow
er. but passes beyond the fielo of legisla-
ton. then il cannot be deemed to be au-
thorixsd by this article of the Constitu-
ton 8ai ts8# .i93 - 5tJiaaami
And my opi ON is that 1t is not within
the field Of legislation, under any Amer
lcrn constitution, to fix and prescribe for
1.-The future what prices ghall be demand