, 1874-09-17
SENATOR CARPENTER.
Els Speech at Ripor,, Wis.
Railroads aud Railroad Legislation.
The Ppttor Law Constitutional
and Right.
How Fur II IB Ex1sotlicnt to Push
Such Legislation.

Vl&aCIOQ from tho Upon AGRICULTURAL 4Assoe'@tils
on tho right OF tho people OF that State, through
ttn,r Logialature to coutsol railroad and othef
corporations. This right haying bcen affirmed,
both by tho United States Circuit Court and tho
Wisconsin Supreme Court III recent deetaionst
thiu additional argument by sonator Carpontor,
although, an nblo production, aconB supcrfluone.
We tlnreforo omit tho mofo'y argumentative
portion, and publish tho concluding pnrt, which
relates mainly to tho c1podtoncy OF exercising
Tho right: ,
Tho Legislature OF Wisconsin to alter or repeal
apy railroad charter grantea by our State.
repeal Of tie chnrtcr would extingulBh tho cor
porntion md recall ita franchises; aftor which
uhatoyor might DO tho equities Of tho stockiold-
ere or creditors Of the corporation aa to tho
proporty which lind boon onlp!oyod In tho opora-
ton Of tie 1ond thoy could not, Us ]larc 1lown
you, run train or demand q dollar Of toll with
ont permission Of tho Legislature:
Precisely what would ha tho
EQUITABLE NIGHTS OF BTocKuoLpEns
Or creditors in such eaao as to Tho rai's End ties
constituting tho track, Or tho rolliuG-stock
upo,n tho roail; Or By what proceeding those
arc matters not vory wcl settioa, and which I
shnll not consider ut Any length. If ri, indt-
yilual owning 10000 acroa OF land within this
State should mortgage it to onc~i,sh its value,
Ills cotuto In tho lima would veBt in tho Stato,
charged In equity and good morals at
1oast, with, the iucllnlbranco Of the mort
gage. Dut preeiao'y what stops tlo
tho 6taio refuaod to DO sued, sa it might do, "
not worry apparont., When tho charter OF rail-
road company IL repealed, the corporation dios.
lowing no hofrD or successors. 70 what e3tont
tho prfnciplo applicable to the case OF tho death
Of On individual without heirs would apply. is
worthy Of serious consideration by the railroad
companies who arc now doiylng tho Govern
ment. The iron and tiea laid in the track. and
S1f a}rC ttt% rNn1 Nv
law fixtures, mud would pnes uuder a mort
Engo OF tho rond and franchises. Whether they
would be 20 regarded in case Of tho diAsolu-
ton Of tho corrornton. and rest in tho State
charged With tho lien Of CREDITORS, aud the equt-
tics OF stockho1tlels; and, il 80, how thoae licns
and equities could bo wrought out as asA!nst tho
State. 1t tho 6tnto should
REFUgE TO III SUED
nrn questions which alao commend to tho caro-
tul consideration of those who aro trying, or
seemingly trying, to oxnspernte tho people by
their unwiao proceedings and protonaions.
Eyon eoneS;din 1 that tie stoefhoidora and
and rolling~stock, separate them from the road
nnd hold them personal property, It In evfdont
that thoy would bo comparatively Worthless, and
such 4 proceeding would DO practically r1llnoua
to the atoclkhnlderB and creditors.
And, again, suppose Tho Legislature, aftor re-
poaling tho charter Of tho Northwestern, or tho
st. Paul Company, for Instance, should incor-
porato now companies aud confor upon thau re-
spoctively tho franchises which were Of tho old
companies, could not tho Legislature i1npower
the new companies to takc, under tho right OF
eminent domain, tho properly rights. whatever
tnoy would bo, Of tho old companics, at an APP
stock divorced from tho f1rncbiBes of running
:rains7 II 60, how much would tho creditors or
.tocLlo)de,B Of tho old comnet;es probably
tecciyoS
TO REcAplTu1AgE:
have shown:
l. That railroad companies aro tho mero crea-
tures of law, drawing their breath Of life from
tho law aloue, capable OF doug only what tho
law permits them to do. and holding their lyeB
Gnd their powers ht tho nero will and pleasure
Of tho LegiBlAtnro.
q. Tint tho buHi1lcss theso companies nro en-
gagged in il ono which oven natutnl persons
could not carry on without permiHslon OF tho
Legislature.
3. That tho companies arc obliged to cnrry
passengers and freight for reasonable coulpeusa-
tion, md nubject themselves to suit for danl-
n9es and to forfeiture Of their charters it tAey
fail to DO sos
4. That railroads aro public highways, tl.o tile
1rsel in tue corporations, but vcstod III trust for
the Sate: that the companies aro ueyosy the
agents Of the State for tho operation mud
management Of these great highways; that tho
nl0noy invested by tho companies as compenaa-
ton for lapdu couden!ned, or tight. Ut way pur-
chased, aua 70 build, equip. and operate the
roca, iB regarded AZ consideration pal to the
State for the franchise conferred BY tho State
upon tho comp.uicH. And,
&. That tho charters granted under
ouE STATE CONSTITUTION
uro not protcciod by tho Constitution af tho
United Stntes, ~ construed in the Dartmouth
College case but may DO altered or repealed Ly
tho Legislature at any time,
FROM thoao propositions, tho power Of tho
Legislature to govern and control railroads, and
tx tarilr Of rates for them, rasutH as a ncceB-
sary aud logical conclusion. 1t is yrell-ostah-
lshed doctrine Of tho law, that everything fall
ing within what is calloa pu9lici juris-tGAt IL,
an,faof
Bridges, tnrnpikes, ferries uil-dams, md fish,
ariea. are illustrative subjects. Aud, vl,an tho
character Of railroads is sscertained 10 fall within
maos l sess ol Sga essnso o eon59 is
Is 1yaltacc COO.
IN Olcoil's case, 1G Wallace 69l, before re-
ferrod to, in which tho Supreme Court Of tho
Uuitod Statos decided that the railroads Of Wis
consin woro public Aighwnys, tho Court, speak
Ing Of the power Of regulation, saia:
That the Legislature Of Wlsconhin n1ay alter or To-
peal tho ebarter granted to tho sheboygsn Toni du
rerycd by Tho Constitution Tho railroad can, thcro-
1or- be controlled and regulated by tho Stale. 1ts
we cuu bo Defined ia tolls nna raea for sransporta-
ton uiay DO lin,itol.
You arc oil tnmiIiar with tho dcciaion rocently
made after full argument by Judge Davip OF
the Supreme Court Of the United Staten, Judge
bct s c5s wn sadfS Be a o epES #seoasa Moha'
SUSTAINING TUT: VALIDITY or TnE roFTEn Law,
und the right iu general Of tho Legislature to
control the railroada OF our Slate.
In conclusion, let mo ropeat what I said in the
beginning. hly putposo laa boen to ahow YOU,
and to show these insurance con,panlos. what
may possibly result from tho course they are
pnraulng; hoping that thoy may. thereby hs
convinced that their true interests lio IN policy
which will promote harmony, and not conNtct,
With the poopla Of Wisconsin; and hoping that
knowledge Of tho disadvantages under which
they must labor whom they set up tho interest
OF ono class against tho interest Of MI, and rear
tue banner OF 4 fow against lho unfurlod flag OF
sovereignty, may moderate their folly !. or, in
other words, hoping TINT in their caao tho law
may provo o achoo'nastor to load them to
grace, by inspring iu them desire to coucllalo
tatior than oxaBperats tho people.
CONC now to Oonhiler
THE LAST TOrIu
Of my subject: that IL, conooding tho powcr of
tAa Legislature to control the management VI
our railroads, is il just or mise 10 do so? And
sha,l maintain that 1t ia both Just and wsse; any
that proper Legislative control would benoils
lilo comrnriea by reasoning tholn from the
popular dsfavor nto which they havo fallon,
The psopAestea ot faadali, IN which aro recorded
in nHyapnn { HIN urHooAgtVe f0ntfa1l6 pf Au OK