The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1878-11-16
COUNTY AND CITY OFFICIAL PRES:
Saturday, Nov. 'le. 1878.
OUR CONSTITUTION.

The Constitution just adopted by the
people Of Washington Territory, has
been the object of a great deal OF mis-
and abuse, upon the as
sumption that it DISCREPANCIES against
capital and is communis-
tic in its principles. The first objection
that has been most strenuously urged
ia that it declares railroads ''public
highways" open to the use Of all on
equal terms. This means nothing more
nor less than that all may have access
to them on equal terms; that there shall
be no favoritism or discrimination; that
they shall not have the power to OPP
press individuals or communities; that
an enemy of the railroad may travel
upon the road for the same fare as a
friend; that citizens of Seattle may
transport goods over the Tacoma and
Kalama railroad on the same terms as
the citizens of Tacoma or Kalsms. 1t
is only the assertion Of common law
rule, which applies to oil public carriers
and keepers Of houses OF public enter
tainment; making the necessary
distinction between business Of .
public and general character
aud private business that fran
chises should not be granted to cor
porations to carry on public business
without rendering them amenable to
public liabilities. A railroad must
either be public highway, or it must
be exclusive private property. with the
power Of becomings most oppressive
monopoly. If the Northern Pacific
railroad should construct their railroad
across the Cascade mountains from Ia.
coma, and the citizens OF Seattle should
conclude to construct branch to con.
meet with it at any intermediate point.
if the mainrosd was not public high
way. the managers could make such
discrimination against the branch as
would render it imperative and USE
less. Making the railroad public
highway. takes not . single right from
the company hut SIMPLY guards against
it's being made an instrument Of wrong
and oppression.
The next objection is, that it vests in
the Legislative authority Of the State
the power to regulate tolls and fares
upon public highways That is no new
power, for the Supreme Court of the
United States has already determined
that this power is inherent in the State
without any constitutionai provision.
It 10 one Of the conditions upon which
special franchises arc granted. and a
very necessary provision against irk-
some and odious monopoly.
Another provision of the Constitu.
ton from which dire consequences are
predicted, in REFRESHING the investment
of capital and discouraging enterprise.
Is that making stockholders personal.
~ liable for debts due for labor per-
formed for chartered company. This
offers no obstacle to any legitimate
enterprise, though it may not be en-
couraging to speculative projects. Men
who have money to speculate with,
have y right to invest it 10 an organ
lied scheme for the development Of =
coal mine, or any other project depend
ing for success upon future results. but
they have no more right to speculate
upon the earnings of their laborers,
than they would have to pool the
money due for labor upon the result Of
a horse race or the turn Of . card.
II they employ labor in their own bag
ardous speculations. that labor must be
paid says the Constitution. II this has
the effect Of discoursging speculative
projects and turns the capital which
would be thus invested into legitimate
enterprise, the country will not 10 The
loser by it, and many honest laborers
will be saved FROM loss.
The foregoing are the principal
obiections which have been urged
against the Constitution which the peo.
pie have adopted for our future State,
aud we donbt il another attempt will
better il. Whether We are admitted
this year. next year. or at some future
time. We believe this Constitution will
keep. and that the people Of the Terri
tory will notincur the expense of form
ing another.