Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-05-07
Rail Road Tariffs Again.

|
and rebellion against the peace and
dignity of the State. Physically
considered, q locomotive and train
half mile in length 5 the embodi-
ment of immense power; but politi-
caIly considered, one of these "soul~
less corporations" can be crushed as
easily as fly under tho wheel OF a 10
J connective. Al least in this State, undor
our constitution, a detosted monopoly
of this genus, is in the same situation
with the storll that thrnsther head
and neck down the throat Of wolf
The State can nip off the stOrk's head
10 moment, but it might get NOR
sci 10 its gullot that would neither go
up or down. The Rail Road com
panies with the executive, legislative
and judicial departments of the State,
thelpeople and the press uniting in
the onslaught, can certainly be crush
cd and destroyed without the cost of
Of the slightest muscular effort on the
part of the body polite.
But conoooding shat Rail Road
Companies have "no rights that white
men are bound TO respect" in prose-
cutting the present crusade we ought
at least to have some regard to our
own interests present and prospec-
tive. 1t might modify the aspority
OF this contest IN q great measure, to
| arrive at g correct conclusion in ref
erence 20 the principle on which the
recent legislation in respect to rail
road charges and tariffs is, or ought
to be rested. 1t is thought by some
that the rights of the legislature thus
to interfere, is derived from the con-
duct of the legislature in taking pri-
vate property from the citizen and
vesting it in the railroad companies,
the latter paying just compensa-
ton therefor. The public has there
for an interest in the rail road. But
if the State, whether justly or not,
has laid its hands on the real estate
of its citizens and bestowed it on the
Company, the latter is not to be
blamed for this acJ Of the State The
State had its own benefit and
advantage in view in thus aiding the
construction of lines Of transporta-
ton which all persons could use
Suppose the State should purchase
of it's own citizens strip Of land
200 yards in width, and extending
from the river to the lake, and then
should propose to some Company or
person to construct q railroad and
equip it on this strip of land, and
transport freights and passengers
according to the usual custom of such
roads the builders of the road to
receive the running profits; and tho
latter complying with this condition,
the State should then mako free
gift of the land to such person or
company. 1t is easy TO see even in
this case, where the State has dona-
ted the site of the road outright to q
company on condition Of its building
and operating railroad on it, that
if the State has right to regulate
freigbts and fares, it must rest its
claim son some other ground than
merely furnishing the right of way.
On what ground or principle then
can such legislation be justified !?
| Common carriers from time immem-
oral, and among all civilized nations,
have Deen subjected to legislative
control, whether on sea or land, or
lwhatever may bo the means of car
riage. In modern times the annual
products Of the worlds labor and the
lives Of millions are entrusted to the
Iowners of ships, steam boats, rail
roads and stage coaches. Congress
has provided for the safety and sea
worthiness Of every steam boat or
propeller running on lake or river
Such vessels must take out license,
or they would be liable to confsca-
ton. They must undergo yearly
examination, Like laws have been
| passed in reference to railroads, to
secure life and property. Where so
much is committed to common car
riers, since in the present age, the
world has to be carried, it is arrogant
folly to think that they can avoid
any legislation which the sovereign
power may regard as necessary for
the safety, comfort and protection Of
its people. City ordinances fixing
the charges of omnibus and street
4 - I,
legislation Usage does not tolerate
special contracts between Railroads
and their customers. There ia no
time fer such dickering. We put
our freight on board a railroad, or
take passage on it ourselves, and
expect to pay reasonable compensa-
ton; no more, and no less. Aud
right here the Rail Road lawyers
contend that as respects eGiStinq roads,
no legislative act can so limit or Grip
pie them in their operation as to pre-
vent them from receiving q fair COM
pensation for their service. OF course
they admit that with reference to all
roads built hereafter, the legislative
tariff would be valid.
| The legislature can neither confis-
cate the property or labor of any
Iperson or corporation without Just
compensation. Ii the tariff provided
by the legislature is materially below
fair compensation for the services
, rendered or to be performed by the
roads then it is void. In fact the
matter of 'fair compensation is not
in its own nature legislative ques-
ton 1t is question to be settled
by courts and Juries on the testimony
, of persons versed in the running of
railroads. This is the position as
sumed by the eminent counsel en-
ployed by the roads. There is so
much plausibility in this position