Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-06-11
The Railroad Question Again.


" respect, and approved by others.
1t may be that editors as ignorant
of law matters as we admit we are,
should not have expressed any judg-
ment in the matter. But the col
umns of the HERALD have always
been open to the freest discussion on
our railroad policy. 1t cannot be q
party question, and the best interests
of all concerned imperatively de-
mand.a sincere effort to reach what
is Just and right in this matter. At
ter the most diligent investigation
we are not satisfied whether the
compensation of railroad companies
under our Constitution is wholly
within the power of the legislature
or not. The arguments of Senator
Carpente: am Attorney General
Sloan, to our mind, render it fearful
" probable that it is SC. But we
do hold that if the State possesses
such power over the property and
earnings of either individuals or cor
porations, it ought to surrender that
power instanter by change in its
Constitution. We will not at any
time shrink from boldly insisting on
what law ought to be, although we
cannot at all times find out what the
law is.
We learn from our legal advisers,
and we cannot tell whether they
are infalible, that a railroad being
chartered for the purpose of carry
ing freight and passengers, is COM
PEELED to run its trains whether
profitable or not. 1t cannot tear up
its track and sell out its ties for fire.
wood and It's rails for old iron with
out legislative consent. If it should
attempt to do so it forfeits its char
ter; and its property, as some say,
will revert to the stockholders as
private individuals as others say it
goes to the State as in case of a
mans dying without children or
heirs. We conclude the former the
just rule, but do not know what the
law really is. But suppose the legis-
lature or Attorney General in the
present suits succeed in eancelling
the railroad charters. If the prop
erty reverts TO the stockholders !.
whose name is legion and who are
changing with every transfer and
sale of stock, what advantage can
90 gained? A great and ever-vary-
ing body of stockholders will claim
to own the road. and either to m"
- as tney please and charge what
they please, or possessing individual
freedom and relieved from charter
obligations they could dispose of the
material, iron and rolling stock and
roat estate to anybody that would
purchase at either wholesale or res
tail.
Well, adopting the opinion that
tho roads have no right to stop run
ming, we found ourselves compelled
to adopt the kindred proposition
that they were entitled to exact
such fares and freights as would en-
able them to rue at fair profit on
the capital employed. This princi-
pie is conceded by all parties. To
work without pay under the penalty
OF ruin and compulsion is the very
essence of slavery. The columns of
the HERALD its whole life long have
been too bold and earnest in it's con-
domination of this principle to adopt
IL now even in reference to corpora
tions. The Legislature doubtless
can put ferry rates at what it pleases.
But the ferryman has the privilege
a all times to sell his boats and give
up the ferry. In some States what
landlords charge is regulated by law,
but he may give up the business.
But who would be willing for the
railroads to stop?
The next question which naturally
occurred to US to settle was this !:
Who is the final judge of what is
a fair and reasonable compensation
for common carriers, whether by
land or water-the Legislature or
the Courts Exactly here is the
point of difference. We reach a law
conundrum we are unable to solve.
We have very decided opinion of
what the law ought to be. We do
not believe that the question of a
fair compensation for services rem
dered by corporations or individuals
for other persons or corporations can
or ought to be legislative question;
otherwise the Legislature might ar.
bitrarily require the railroads to
serve the public for nothing. 1t
ought not to be presumed that a
legislature would be guilty of such
injustice. But all of our constitu-
tional restrictions seem to imply
such delinquencies in legislative
bodies.
In common with the Republican
press OF the State, we have expressed
as little confidence in the integrity
and ability of a Reform Legislature
as in the railroad corporations than.
selves. We believe this ouest;o,, rs