, 1874-05-13
THE RAILROAD QUESTION.

the TailTuaoe VI tao ao'cral States OF the Amerl
cali Union. a lively lntorest is tnken IN tht
pfomiaea. anu al questions bearing upou 1t att
losng fully discussed by tho courts, merchants
neonanien' farmers, ana tho owners Of tho rail
roads. lilo principles OF law applicable ire do.
earod by tho courts In their deciaons; tho taft
way~ownors set forth thor declaration Of princi.
p'es'h apt wor1s and tho producors and con,
sunorH. who find tho railway noaossary to thoir
qxlHtonce, aro pointed in thoir appeals for what
thoy term rcf'rp4H: It mattorn hot at prosont II
tic vows Of all classes or oitizbns do not coin
eide OH this Bubjoot: Tho rulo Of action III the
/ pronHeh ia tho Inv aa contained In Tho statute
hooks and interpreted by tho courts of lust
rPaoft. State htatntea III rogard to railroads arc
n n 1orce and thor loEa1 lneaningis set forth by
:tne courts: Woknow what thoy,Bay; BElall wo
Hcoops their deolstonB{ us correct principles OF
'goyornment, or Investigate frlrther?. -,
| LoRislnturo has finished }ta work, aud any whit
shall be binding az iaw, and what shall
not Courts OF law and equity are BY nature con-
5t,t eSftatlve they have grown up undor their own
with I,reoodentu which They have over been prone promo
to follow. They by rtllo FOLLOW ono l,ue. Iuslify-
ing, themselves With tho atoreotyped phrase
| "Tho courts have 80 va natural u61npa0E
kinds Of property. In the presont discussion, it
is ,indoralood that tho courts 'loclaro tLat tho
ohastorH whlch. give to 'ratrohds their legal OK
'iatohce are nothing mora nor Icae than ROOM
tract thon follows tho further statement TINT
no law cup be passed impairing tho validity, Of a.
contract. IT, then. the courts aro right tint
railroad charters aro contracts, md tall within.
tho provision of tho National Constitution, Which
says that.no State Bhall pass law impairinR tho
obligation Of contracts, 1t then ouly follows that
tl!ocourts arc bound 80 to deoinro It now and IN
| tho future, 30 long as tho Constitution In that
respect remains ~ II is. Should 1t appear tint
oap ufsnc on pdsty ssrs wrong from ths
right to pottion for redross II rulroad oorpora-'
tions Rttompt, to tyranntxe over otter brailohes
Of industry, md tue question shapes itself thus,
tnas thero is struggle between tho psople and
any logical deductlone from the premises.
without any reverence for tho courts and their,
a1tiquated decisions, the people will say,. We
1thsrwlHe; The spirit ot tho American people
solves. -. r.
Il i tho abiding opinion Of the people 1T large
tnaf thore does not exist and oanDot oxist with
lca m incorporation. man, or body Of men, who
are not amenab1e In every respect, and responai-
PIC IL the fullest degree, To- The people. 40
knowlodge it az legal fact TINT the poople
curtailod their privilegaH by 1noans Of tho Na-
tlonal and State CONSTITUTIONS, lot tho sarnD be
ropealed. Az things, now exist, tho people cam
not obtain relief, for tho past BY peaoeable
amended :: to that end: Il ii folly to expect re-
lief from the courts; by tLs inevitable course OF
law, they arc pledged to decide in the future az
tue past. State Legislatures cannot afford re-
lief; an act Of Congress caunot reach the case:
tho courts will wipo out everything adverse 10
c0ntract-law. - -
A company OF naen desiring to construct arafl-
way go through tho usual proiiminaries., III
their petition to Legislature for d cAartor: tbey
Rfr11nt tfrCr
its atter.management, will conduco to tho inter-
ost OF both tho owners Of tho Same and ita
patrons. Upon that basis.- contract-rights aro 1
appears that the primary objerts arc not not bo1nR
eluttably carried out then there exists ca,1se for
complaint. Tho extraordinary powers now
claim. claimed aud exerted by tho railways have boon
theirs from the start, and tho only reason why
tho people have not ere this boom alarmed Ia be-
cause said powers, in 3 degree, hayo lain DOR
mant. Arbitrary power las unmiltinglT been j
e glyen to railroad corporations they ought Of
because II ie! argued that tho people should
amend the Constitution, and theroby sroeain
thoir lost legal power, 1t does not, either }Y ex-
Prssa terms or Implication, follow that tho prop:
upon. a railway ought to bo ablo to keep its
existence and thrive. under Bound laws, If a !
railway has to be bolstered aud sustained at the
expense Of the public welfare, 1t ought soon to
Pc 6e numbered " amongst tho things that wore, but
The strongest argument In favor OF leaving
the railways With thoir vested rights alone is,r
that men lave been induced to invest money in
them; with the understanding that they wore to |
keep tile privileges the cl1arters coi.terrod upon
them: Should railroad corporations havo ill., |
trinHio rights to property that private citizens
cannot lave "A private citizen obtaua from
the General Government patent for a. tract OF i
land, that instrument vests III the citzen fee-:
simple estate in the land. After nwlile, por-
ctnpce, the tract Of land becomes valuable it ia
fenced !; It il in high stato Of cultivation Then
the public deaire q highway through this prem
iaos. Under an ominent- -domain law. it is grant
ed, and tho control Of portion Of, tho land is
taken away from the owner. Has the contract
between the Government and the soil-owner
been interferod with 2 Ithas.; and it has boon
done beoauaa tue public desire 1t; Limitation
LAWS exist Which deprive mon OF their remedies
in low, aud thereby totally ripe out . mans
wealth The rate Of interest by law is change:
able, with it's attendant jeopardy. Iariff dntiss
arc bigh and low by turng. The merchant fenla
It ~ Lie suddenly finds himself rich'or poor Tho
General Government changes tue amount Of it's !
circulating medium, by turns expanding and con-.
tractlng, whereby eyory mans wealth is ofreotod,
individual hardship will hardly prevail against
national good. s.