National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-21
rHR RAI1KAYs oF WISCONSIN:


THE RAILWAYS OF WISCONSIN.
The status which railway corporations
hold to the States from which they received
their charters has just been ably discussed
by Senator Carpenter before che Ripon
Agricultural Association in Wisconsin.
The occasion was the annual fair of the as
sociation, and the invitation to the Senator
70 deliver the annual address before it con-
tained 9 special request that he would
discuss the night of the people of this
State to control railroad and other cor
4'pOrstions by their legislature under the
CONSTITUTION Of this State. Amer stating
that he should confne his remarks strictly
to the subject proposed, Senator Carpenter
tersely stated the proposition before him
as follows ''It is impossible to exaggerate
''the importance Of the subject to the PEG.
'ple Of the Northwest If the great lines
fiof communication between Us and the sea.
'fboard are subject to governmental control
''snd regulation, then the people-the pro-
f'ducers, the wheat grOwers-can protect
s'themselves through the ballot box; but if
s'not, the people may be bound hand and
foot and their chains may be made shorter
s'and heavier, at the win Of those whose in.
r'terest it is to Cypress labor to the utmost
extent short Of its destruction"
This is the whole case in nutshell. In
the absence Of that controlling power, the
railway corporations Of the country have
their feet upon the necks Of the people by
their own consent and may at their pleas
ure reduce them to the most abject servi-
tude. The railroads have denied the
power. The issue must be met The
present is the time to determine the ques-
ton. A distinct understanding now had
win prevent further trouble. The power
acknowledged, there win be small occasion
for its exercise. So long as ii is left in
doubt, continual or frequent attempts to
ignore it may be expected. But because
we hold that the State has supreme power
in this regard, let it not be supposed that
we deem it necessary to resort TO extreme
measures in its assertion.
Mr. Carpenter shows, most conclusively,
first, that the railroad companies do not
own their roads as an individual owns his
horses and wagons, with the same rights TO
saywbat he will charge for carrying wheat
to market or passengers and freight TO any
point along their line. The rights of cor
portions are not indestructible like those
with which God has endowed men. Men
have natural and inalienable rights. Cor
porations have no such rights. They are
creations Of the State, and have no rights
except those conferred by the State. They
are subject to the power which created
them as a house is subject to the viii of its
builder or owner They not only cannot,
Ike the individual, engage in any business
forbidden by law. but they can do no bust
ness at all except by authority Of law.
In the second place it was proven that
the rights granted TO railways we're similar
to those granted 10 turnpikes, highways,
ferries, &c subject TO like restrictions in
every Aespect. These rights to do certain
things are granted coupled with the en-
gagement upon the part Of the corporation
TO perform them, ard the failure of such
performance forfeits the right. It was then
shown that the railroads of Wisconsin are
owned BY the State, the companies being
simply the agents Of the State for opeat-
ing them. The construction Of a railway
involves the right Of eminent domain. which
rests alone in the state--the power to take
private properly for-whose usef-thst Of
corporation Of private individuals for
heir own benefit 3-the public use. The
Stale can only take it for the public use,
and il cannot authorize corporation TO do
what it cannot do for itself This question
was settled long ago, even in the infancy Of
railways, by Chancellor Kent In New
YORK, and by the Supreme Court in South
Carolina. The latter tribunal said
that such road must be held as q
part Of the public domain farmed out to
individual men for It's practical admins
s'trafion and order alone. And If placed
saloof from such control II would newt
ably become suspected Of Partially and
eodious 70 the people {" Numerous SINH.
lar decisions show that railways are, IN a
legal sense, simply public highways. ope-
rafed in q peculiar manner for the public
benefit
E-om the above It win be seen that the
Legislature has the power to regulate the
management Of railway property in every
respect as much as # can the tolls upon
turnpike OF q grist mill, unless that right
was gwen away in the charter. The State
constitution Of Wisconsin reserves the
power n the following words applied to
the clause authorizing the creation Of cor
poraiioDs; "A1l general laws or special
sacts enacted under the provisions Of this
'section may be altered OF repealed by the
''Lcgislature at any time afieT their pas
saee This reservation IS unqualified
and absolute And It settles de question
IS 10 She ensciment Of any subsequent law
possibly impairing the obligation of q con
trnct coniainel ia he charter 81 any. corpo-
rsii0a given Subsequent 70 tic alopiion Of
ihai c5lefiato1
Is hi i6r n1ai r1aid Be he co1di-
sos nI ~ 1s claUer De Less,