The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16

poration as to the property whicl
had been employed in the operation
of the road, they could not. as havi
shown you. run a train or demand ;
dollar o. toll without the permission
of the Legislature.
To recapitulate. l have shown:
First-That railroad companie:
are the mere creatures of law, draw
ing their breath of life from the Law
alone, capable of doing only what
the law permits them to do, and
holding their lives and their powers
at the mere will aud pleasure of the
Legislature.
| Second-That the business these
companies are engaged in is one
which even natural persons could
not curry on without permission OF
the Legislature.
Third--That the companies are
obliged to carry passengers and
freight for reasonable compensation,
and subject themselves to suit for
damages, and to a forfeiture of their
charters, if they fail TO do SO.
Fourth-That railroads are public
highways, the title vested in the cor.
porations, but vested in trust for the
State; that the companies are mere
| ly the agents of the State for the op-
Grafton and management OF these
great highways; that the money in
vested by the companies as compen-
sation for lands condemned, or right
| of way purchased, and to build, equip
and operate the road, is regarded as
consideration paid to the State for
| the franchise conferred by the State
upon the companies. And,
Fifth-That the charters granted
under the Constitution are not pro-
tected by the Constitution of the
United States, as construed in the
Dartmouth College case /; but may be
altered or repealed by the Legisla-
ture at any time.
From these propositions the pow
er of the Legislature to govern and
control railroads, and fix tariff Of
rates for them, results as necessary
and logical conclusion. 1t is a we'll
established doctrine Of the law. that
everything falling within what is
called publici juris-that is public
property-is subject to legislative
control. Bridges, turnpikes, ferries,
mill dams and fisheries are illustra-
tive subjects And when the char
actcr of railroads is ascertained to
fall within this class of property,
legislative control is matter ofcourse.
See Holyokc Co. V. Lyman, 10
Wallace, 500.
In Olcotts case, 16 Wallace, 694,
before referred to, in which the SUI
preme Court Of the United States de-
dided that the railroads of Wiscon-
sin were public highways; the court.
speaking of the power of regulation,
said
THAT the Legislature of Wiscon-
sin may alter or repeal the charter
granted to the Sheboygan and Fond
du Lac Railroad Company is certain.
This is the power reserved by the
Constitution. The railroad can, there
fore. be controlled and regulated by
the State It's use csn be defined.
It's tolls, and rates for transportation
may be limited
You are familiar with the decision
recently made after full argument by
| Judge Davis, of tho Supreme Court
of the United States, Judge Drum
mond. Circuit Judge, and Judge
! Hopkins. District Judge Western
District of Wisconsin. sustaining the
validity of the Potter law. and the
right in general of the Legislature
to control the railroads of our State.
lii conclusion. let me repeat what
l said in the beginning. My pur-
p0se has been to show you, and to
shon these insurgent companies, what
may possibly result from the course
they are pursuing; hoping that they
may thereby be convinced that their
true interests lie in policy which
wild promote harmony and not con-
flict. with the people of Wisconsin ;
and hoping that knowledge of the
disadvantages under which they mRst
Labor wlAen they set up the interest
of one class against the interest of
all, and rear the banner of a few
against the unfurled flag of SOW
ereignty aiay moderate their folly ;
or, in other words, hopiag that in
their case, tie law saay prove a
schoolmaster to lead them to grace,
By inspiring in them desire to con-
ciliato rather than ,exasperate the
people