Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1875-05-19

VOL. n, NUMBER 6.
clusion, that the Legislature has not
expressly conferred upon railway cor.
porations in this State the exclusive
power to fix their own charges; thar
such q power cannot be deduced by
Implication from the constituting act oil
the corporations, and that whatever
powers are conferred in this respec,
are subject to an implied condition
that they shall not be oppressively or
uureasonably exercised, and also sub
ject to the future exercise of the police
regulations of the State or any other
power possessed by the State, proper.
ly legislative in its nature, which In.
cludes the power to requisite, consist
emily with the charter, all Of the fran.
chises granted, and to pregcribe and
limit the amount Of toll or charges
which it shall be lawful to take.
This view, II sound, 10 decisive Of
the case against the railroad company.
| But II We should concede It to be err
roneous, and that the company origin.
ally possessed chartered rights which
the act Of 1874 would violate, still It
has surrendered any such right by the
acceptance Of the act Of July IA,
1856. On the 18th day Of May Of that
year, Congress made . grant Of lands
| to the STATE Of lows, "for the purpose
Of aiding in the construction Of rail-
road from Burlington, on the Missis-
| sippi river, to point on the Missouri
river near the mouth of the Platte riv-
er." The State could dispose OF the
lands for the sole purpose of building
the line Of railway, but 1t had the ab-
which should receive the benefit Of the
grant. The Legislature accepted the
trust BY the act of July IA, 1856, and
by that act gave the benefit Of the
grant to the Burlington Company up
on condition that It should assent to
the provisions Of that act, which It
did. Among the provisions Of the act
thus assented to by the company was
the following:
"That the company accepting the pro.
vision Of the act, shall at all times be sub.
| ject to stch rules and regulations as
may from time to time be enacted and pro.
vided By the General Assembly OF Iowa
not inconsistent with the provisions of this
sct and the act Of Congress making the
grant," (Rev. 1860, Sec. 1917.
The State Of Iowa sustained towards
these lands the relation Of trustee Of
the general government and in that
capacity could not divert or change
the truat, but it also sustained toward
any company on which it should con-
fer the benefits Of the grant tho rela-
ton Of sovereign and ~ such was
capable Of enacting any valid law
whatever not In conflict with the act
Of Congress making the grant. The
State had the power, therefore, TO say
to the donee Of it, bounty, We will
give you the benefit Of this grant OF
lands provided you will agree to be at
sll times subject to such rules and reg
ulstions ~ the General Assembly may
enact. Tho company occupied the
grant, and thereby agreed to be sub
ject TO this condition. The only ques-
ton then, is as to the extent Of the
power recognized or given by the
words "rules and regulations. The
Interpretation Of these words must de-
pend upon their occasion and purpose.
The occasion was an important one
both for the the company and the
State. The company was made the
beneficiary Of large and valuable
grant Of lands. The State was en-
deAvoring TO secure for the benefit Of
the public the building or an import
ant highway or line Of communication
from the Gississippi to the Missouri
river.
Doubts - to the extent Of the power of
the Stats over the corporation, under the
then existing legislation. suegestsd the pro-
vision In question, and It wss undoubtedly the
design Of the Legislature to secure sub
stantial right 10 the State, or . recognition
BY the company Of such right in the State.
1t Is TO be regretted that words were not
used which would admit Of no dispute, but
= 1t Is Ne must interpret those employed %
q to edectuate the intention of the parties.
Some aid to Interpretation 10 Afforded BY tho
decisions of the Supreme Court Of the United
States IL respect OF the word regulate" ~
it occurs in the Federal Constitution. These
are referred to in the recent case Of Ham,
j1ton rs. Dillin.
In this case It was held under the act Of
July IS, 1861, that power to authorize com.
mercial intercourse, during the rebellion, .'to
be conducted and carried on only In pur.
suance of rules and regulations prescribed
BY the Secretary Of the Treasury" author.
lied the Secretary 70 impose - condition
Of cotton permits . tax Of four cents pound
on cotton purchased. The following obser.
vations Of Mr.. Justice Bradley In the case
last cited are pertinent to the case In hand.
The learned Judge says:
SIT Ia contended that the imposition OF the bonus
OF four cents per pound was not rule or .'reg-
uiafion within tie fair meaning Of the act; and it
rules and regulations on particular subject Is y
limited power, having respect g mode and form,
ana ana nme and clrSms.anee; ana not e substance
power is much more extensive and substantial.
Thus In the Constitution, the several powers ''to
OF naturalization, ito make all needfii rules and
erty belonging TO the United States, are under
The power TO regulate commerce has been held to
include me power % suspend i Kent, $50; and
,Ss 70 nss sps sIs
territory, and establish governments therein.-N
sve ecs syen g hese % IS
largely due to the character Of the instrument and
that Of the donse Of the powers, to-wit the Legis
apower means the grant Of branch OF sovereignty.
II shows, however, that the rule Of construction
sss saSs ms n sSs .s 0eS Srs s S
Trade with the enemy was Intended to Be conferred
ufy. The power Of regulation in such case is to
be taken In its broadcet sense, and, in judg-
the e such !,
So In the case before NJ the Legislature Of
the State Is the donee or possessor OF the
power to mako the rules and regulations in
II l.. L.