Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1874-05-20
fe RepubHrar*
WEDN ESDAY, MAY 20, lS74.lf
Senator Carpenter Declares
the Potter Law Consti-
tutiOnal.
WARRINGTON, Nav IL. 1874

EDITORS STATE JOURNAL :-Having re-
ossv~d several letters asking my opinion
in regard to the constItutionality of the
ast last winter prescribing tariff Of rates
for Railroad companies, and not having
time to answer them separately, ask the
favor of answering through your columns.
In my opinion, the power Of our Iegis-
(atnre, over the corporations of the state,
to- alter, amend, or totally repeal their
charters, to give them new and enlarged
privileges, or to limit and restrict those
they now possess, is full and clear.
shall not consider the details Of this act.
The people for twenty years have submit
ted to the enormous powers Of corpora
tions, and ifin this first act Of correction
some provisions are too harsh, the compa-
nies should do what the people shave SO
long dene. obey the law, and apply to the
next legislature to have it modified. The
question now is, whether this statute is
valid until modified.
Instead of submitting to the law, how
ever, the railroad companies have declsr-
cd their independence of the State Gov.
eminent, have get it's laws at defiance, and
arx now operating their roads in violation
Of this statute, but in conformity with
ruIes and regulations prescribed by them
selves, which are now asserted to be of
higher validity than the statutes. The
hoidness of this proceeding should inspire
corresponding furnaces on the part Of the
Nssple, and, doubt not, the proper off,
suEs Of the State will take the necessary
steps, aud that right speedily, to determine
whether the law making power, touching
this important subject, resides in the legis-
Easars elected BY the people, or in board
ef directors elected by nou-resident capi.
eslists, residing in Wall street.
Ihave carefully examined the opinions
az Mesers. Curtis and Evarts, recently
puhlishsd, and admire the ingenuity and
Gbill with which they have concealed the
real question beneath arguments to estab.
Esh some propositions which every body
comedies, and others which, if established
weold be altogether irrelevant.
Thereal question is simply this Can
tbs Legislature regulate the tariff Of rates
t&be charged upon the railroads of the
State for the transportation of passengers
s11 freight?
TAs answer to this question depend.
s9se the legal character Of railroads. and
til relations which exist between the State
and the railroad corporations or, in other
words, whether railroad is public pro
Re<lY or mere private estate, and whether
shess corporations are subjects of the
State, amepable to it's laws, or sovereign
txss Independent Of State control.
II railroads ore mere private estates,
owned by the corporations in absolute
right, then they are no more subject to
legislative control than a farm or any other
mere private party. II, on the other
hand railroads are public highways, then
they are part Of the public domain OF
the State, farned out for administration,
Bat subject to the control Of the Legislature
Hike any other highway by land or water.
Eub fortunately for the people, it is we'll
settled that railroads are public highways
and as such, subject to Legislative control.
This question arose in the very beginning
Of these Improvements, when the States
undertook TO exercise the right of eminent
domain in aid of their construction. 1t
wss conceded that this could not be done
unless the road, when completed, would
De public property. A State could not
take the land of its citizens against his
will, except for public use. This led to
che question, is a railroad public high
way ? And the courts of all the States,
and, finally, the Supreme Court Of the
Uaited States, have held that railroads are
public highways, and may be regulated
by the Legislature like other public pro-
perty.
In the recent case of 0lcott as. Fond du
Lze county, Ii Wallace, CTS, coming here
from our own state, the court say:
n l.
private corpora tons and owned by them are
pubic L eAuays. has been tie doctrine of
nearly all the courts, ever since such con-
yeniences for passage and transportation have
had any existence. Ana the
reason why the use has always been held y
public one, is that such a road is a highway.
whether made by the government itself, or
by the agency of corporate bodies, or even by
individuals, when they obtain their power to
construct it from legislative grant"
When this question came for the first
time before the Supreme Court of South
Carolina, at that time one Of the able st
courts in the Union, in Railroad Us Chap
peU, Race S. g., the court, after examin-
ing the subject at length, conclude as fol-
lows:
sNay not oar railroads, then, Be. fairly CON-
ssdered IN character. ard objects as anternat5on-
al, and therefore pubzac 6ighagays." Again
the court say ''But take another point OF
view whieh 1 cannot help thinking OF lasting
Importance Such a railroad as ours shouzd
be held as a AighaCay, on account of its great
objects, and for the same reason to be held un-
der public c0utrOl. Is it not wise to hold such
d company, as the guardians or lessees of a
great highway, endowed with public fran
chise, get subject to the control aohich tier pur
poses and5cate as necessary and proper for
such an establishment, and which the general
right to use the road absolutely requires
Such road must be held as a part Of the
public domain, farm ed out to individual men
for its practical administration and order
alone. Ind If placed aloof from such control,
1T s0ou1d aneuitadly became suspected Of par
ssalsty, and odsous to the peopte.n
In Worcester as. Railroad, Met. 566.
the court constituting statute which ex-
enpted public property from taxation,
carefully considered the legal character Of
railroads, and Shaw, G. j., in delivering
the opinion, says:
'sThe only principle on which the legisla-
fure could have authorized the taking of pri-
vate property for its construction, without
the owners consent, is that it was for the
public use. Such has been held to be the
character of turnpike corporation, although
there the capital is advanced by the share