The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-08-14
public TO take either the pronertv or its

puDic 10 take eltnef the properly or It's
use will not be questioned. 1t will be
admitted that such taking must be ac-
companied with the payment of COM
pensation to the owner. The point in
controversy is, how shall the measure
of the compensation be ascertained
If the public seeks to appropriate the
property itself, the amount of damage
sustained by the owner is a judicial
and cannot in any case become
legislative question. The Legis-
lature may direct the appropriation, but
it cannot, without the consent of the
owner, fix the amount of compensation
which he shall receive. The same
principle applies to the taking OF the
use instead of the property itself. 1t is
competent for the Legislature to direct
that n just compensation be paid for the
use, but what will amount to just
compensation must be left to the decis-
ion of the courts. The Legislature may
direct appropriation of either the pro-
perty or its use, but the owner cannot
be compelled to part with either with
out the payment of a compensation
agreed upon by the parties, or ascer-
tanned in judicial proceedings in which
both are fully heard. 1t is competent
for the Legislature to take a line Of
railway upon payment of its value, as
certained by judicial inquiry. 1t also
has the power to require the use of the
road for the benefit of the public, upon
payment of fair compensation for
such use, the measure of such compen-
sa ion always being question of fact,
to be determined upon hearing of the
parties by court.
The proposition to have the Govern
ment either purchase some of the roads
IN the exercise of q power of eminent
domain, or build great trunk line from
the Atlantic to the Mississippi, is COM
mended by the committee, as worthy
of careful consideration. While Con-
gress possesses the power to acquire
the title to any line upon payment of its
value, or to build a new line, and while
the operation of such line on the Bel
gian plan would operate benefcially as
a regulator of rates on private lines,
these enterprises should be very care
fully considered before being entered
upon by Congress. No great line of
railway can ever be operated in this
country by the Government
without affording opportunities
for corruption. The construction
of such a line would present a
wider field and one which would be
thoroughly cultivated. Private COM
panies can build and operate railroads
more economically than either the State
or General Government. While there
is reason to believe that placing rail-
ways owned by private corporations un-
der the unlimited control of the Legis-
lature would impair the usefulness of
roads already built, prevent the build
ing of new lines, and expose the Legis-
which would soon demoralize public
integrity, these consequences will not
follow legislation requiring private
companies to perform their duties with
out discrimination and for fair COM
pensation, to be determined, when
there is disagreement of parties, by
the courts. Whatever may have been
the practice of railway owners and man.
ayers, none of them will defend extor
ton or discrimination on principle.
Private capital may not be placed under
the unlimited control of ever-changing
legislatures but its owners will not
shrink from enactments which prevent
its abuse for purposes of oppression,
but at the same time secure to it
reasonable profit for its use. BY such
legislation extortion and unjust dis
elimination may be prevented without
driving capital out of the country, and
recognizing doctrines which undermine
all property rights and pave the way to
condition of things in which legis-
lative corruption may be the only de-
Tense against Legislative confscation.
The powers of the Legislative depart
ment of the Government should be
limited to general enactments, securing
just rates by appropriate penalties and
remedies, leaving to the judicial depart
ment the determination of what consti-
tutes just rates. The people will be
satisfied with such rates and are willing
to trust the courts.