The Grange advance., 1874-05-13
courts, and in the neatimrie allow the cor

courts, and in the meatime allow the cor
porations to plunder the people. When
law is passed by the legislature in refer
ence to the life, liberty or property Of an
individual, that law is presumed to be con-
stitutional, and must be obeyed until the
courts declared it void. Why should not
the same rule that applies to individuals
apply to railroad corporations Can you
tell me Mr. Reporter
Reporter-But l am not answering
questions myself, I am asking you ques-
tions
Coggswell-Well, then 60 ahead.
Reporter-But how is the law to be en-
forced, and what step will be taken to en-
force 1t?
Coggswell-The remedy is plain. If
threats are made by the agents OF the cor
poration that they will put men off the
trains who refuse to pay more than the le-
gal rates. the Governor will call out u suf-
! lcent military force, and place them at
proper points, to see that no such acts are
committed. And if the corporations refuse
to run the trains, they can be placed in the
hands Of receiver 1t is a principle as
old as corporations themselves that if they
abuse their trusts or trample upon the
laws and set them at defiance, or fail to
perform their proper functions, an action
can be instituted to vacate their charters
and pending the litigation, they can be
placed in the hands Of a receiver. That re-
ceiver being an officer Of the court, and
under its control, will run the roads him.
SELF, and charge only the legal tolls Can
you see it, Mr.. Reporter? Can you see
how he will enforce the laws?
Reporter-Yes. But such state of
| things should be avoided if it possibly
could be. 1t will tend to paralyze business,
| create a multitude Of law suits, make
great expense, and engender hard feel
ings.
Coggswell-All that may be true, but
the time has got to come when we are to
find out which is on top, whether the rail
roads or the people, and that time had bet
ter come now, than in the distant future.
The idea that has SO extensively prevailed,
that railroad corporations are above the
law, that their manner Of doing business
cannot be regulated, that their tolls cannot
be limited, is dangerous to the sovereignty
| and liberties Of the people, and ought to
be secuted by all good citizens. . Thems
my sentiments,' Mr.. Reporter.
| The following paper taken from the
Milwaukee Sentinel is also worth looking
into closely O'Conner, Curtis and
Eyarts are esteemed to be among the
most eminent counselors in the country.
To study up this subject it is essential
to investigate both sides:
WISCONSIN RAILROAD LAW OPIN-
IONS OF HON. BENJAMIN R. CURTIS
AND HON WILLIAM NJ. EVARTS.
! Milwaukee Special, May 1st, to Chicago Times.
TWO IMPORTANT DOCUMENTS
were received at the Office of the NIilwau-
kee and St. Paul road, in this city, to-day
They contain the opinion Of the two most
eminent jurists, Hon. B. R. Curtis, Of
Boston. formerly member of the United
States Supreme Court, and who is gener-
ally regarded as standing to-day nearer to
that last judicial resort, and to be better
! acquainted with its views, than any other
| lawyer in the country, and of Hon. Will
| liam NJ. Evarts. the leader, since the prac-
tical Withdrawal Of Charles O'Conor, of
| the New York bar. It will be recollected
| that at the conference in New York, held
some days since, by the leading represen-
tatives of the Two roads, it was decided to
submit the question Of the consttutionality
Of the law to eminent counsel Mr.. Chas.
OCcnor was first spoken Of, but declined
| to give any formal opinion, as he was now
practically retired from his profession, but
| being pressed. intimated that cursory ex
animation showed the la to be in excess of
the powers of the State Legislature. On
| this, the two roads decided to take the
| opinions Of Messrs. Evarts and Curtis, az
ranging that the Milwaukee and St. Paul
road should pay Tor the former, and the
Northwestern for the latter. Both opin-
ions have been received by the officials
here, and are being jealousy guarded
That of Mr.. Evarts is an advanced copy,
unrevised, from the printers, while that of
Mr.. Curtis consists Of a dozen pages Of
manuscript.
THE OPINION OF MR.. CURTIS
starts out with general summary Of the
law and of the points raised by its various
provisions. The statement contains no new
point. Mr.. Curtis then proceeds to the
consideration Of the several points raised,
and quoting authorities in support Of his
view, enunciates the following proposition
Win feSaiu 70 tue 11ultS VI the power OF
the State to make regulations respecting
the rates charged by common carriers, in
which class he includes railroad compan
les.
THE DUTIES OF A COMMON CARRIER,
reasons Mr.. Curtis, include the furnishing
OF labor and material, and the rights of a
State government do not include that Of
prescribing the price at which these shall
be furnished by such common carrier, any
more than they include the right to fix the
price at which such material and labor