The Grange advance. [volume] (Red Wing, Minn.) 1873-1877, 1875-11-03

Missouri and Kansas. Much feeling is
manifested here, and if A. j. Reed allows
himself to be caught mapping you need
not be surprised if one of the Hardin
county oaks has borne other fruit than
bitter acorns; in other words, that Mr..
Reed, like many an irregular dealer in
horse.fesh, may find his entire stock in
trade reduced to single halter.
The Right Of the Legislature to Fix
:>~ ! - Railroad Charges
Washington. Oct 26th. Correspondence of
the Chicago Tribune.j
The following case was argued in the
Supreme Court on Monday:
Case No. 90. The Winona &, St. Peter IA l.
! road Company VS.. Blake ct al. Appeal
from the Supreme Court OF Minnesota.
| This is the first Of the Granger cases
reached, and presents the question wheth-
er the railroad company may, under it's
charter, fix such freight charges as it
shall deem reasonable compensation for
transportation, disregarding all SUISSE
quent legislation of the State of Mime
sofa (from which, as Territory and a
State, the charter is dcrived), tending to
restrict the rates Of compensation, and
particularly the act of March, 1871, regu-
lating the carrying of freight and passen.
gers in the State. The act establishes
certain rates, and declares they shall not
be exceeded, imposing upon any COM
lany which shall violate it a fine of 81 900
or forfeiture of its charter and fran
chiscs. All lines of railroads are declared
to be public highways, and the State
assumes the sovereign right to require
the companies to comply with it's schedule
of rates, declared to be the maximum Of
reasonable rates.
The position of the railroad company
(backed by the railroads generality is
that the different charters under which
the company is organized, when passed
by the Legislature Of either the fcrri-
tory or State Of Minnesota, and accepted
by the company, and acted upon by it,
become contracts between the Territory
or the State and the company, and could
not be impaired by any subsequent lcgis-
latlon, being protected by the constitu-
ton OF the United States. And it is said
that to change the ruling Of the courts of
last resort, so as to deprive the stock.
holders Of the company of The protection
of the constitution to which these courts
declared them to be entitled when they
invested their money in the enterprise,
and upon the faith of which the.r money
was thus invested, is contrary to those
fundamental principles Of justice and
equity which are the foundations of all
law. AS said by Chief Justice fancy, in
the case of the Ohio Life Insurance and
Trust Company VS.. Debois, ''lf tho con.
tract, when made, was valid by the laws
of the States as then expcunded by al,
the departments Of its Government and
administered in its courts Of justice, the
validity and obligation cannot be impaired
by any subsequent act Of the Legislature
of the State or decision of its courts alter
ing the construction of the law If it is
otherwise, say the Company. then the
property which has been invested in rail-
loads belongs to the State and not to the
stockholders and it will not be long be-
fore the State will usurp authority over
all corporations, of whatever character, in
which private capital is employed for
uses Ct a public character. -s:-
The counsel for the State maintains
that the leading English and American
cases show that the grant Of the fran
chise to erect and maintain q public es-
Enlistment of any Descriptions public
wharf, public market, or a work in the
nature of a public highway does not
carry with it power to demand fees from
the public on account. of it's en-
joyment Of the facilities afforded
by such establishment; that
when the establishment authorized to be
erected and maintained is in the nature
OF a public highway. power to demand
compensation Tor passage over it must be
IN express terms, and the rates fixed by
the grant, or the; concession will be VOID.
and no power to levy tolls will be created;
and that>when the right to levy tolls is
granted, the concession must be inter. i
preted strictly against the grantee, SO
that. If the language used will bear two
meanings, the one Most ffav ora1b5le to the
public shall be adopted. H.
1t is then said that this power. (and 1t
was SO held below *as not exactly grant
cd, and therefore does not exist in the
case of this road. It, is also commended
that the Legislature Of State has no
authority and no power to part with its
control over persons and things within
the State, as claimed by, the company. ii,
While San Francisco undertaken was
drawing the tape line over the corpse of {.
Chinese woman, he was surprised to. see
her roll her eyes up at him. The sur.
rounding friends showed no surprise, but
SIMPLY said: ''She be deadeo by twelve.
O'clock