Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1878-12-06
THE TELLER.
Public and Private.

has agitated the people Of the older
states affecting in no small degree the
welfare of the people. tt involves the
duties and responsibilities Of all com
mon carriers and their rights. Il also
enters into the rights of railroads as
connected with the public. As a gen.
eral principle man or company have
the right to control their own property
Or money where that control does not
affect the public and where its control
and nse are solely for themselves; but
the moment they control this for tho
interests Of the public, then the public
must have their say in the matter, and
that control and those uses which are
to affect tho public must and ought to
be upon such terms aud conditions as
the public may exact. 1t any man or
company of men having money to in
vest for gain desire to become common
carriers, or to construct q railroad or a
steamboat which is to make its money
by doing service for the people at large,
then its business must be conducted
upon such principles and under such
restrictions as the public may exact. II
they are not satisfied with these, Let
them invest their money elsewhere, and
for tho benefit of private individuals
and upon such terms as may be agreed
upon between the parties. But with
tho pul lie it is altogether different.
The public acts and contracts through
and by means Of its chosen legislators,
and legislation is enacted fixing terms
with which compliance must be had,
both on the part of him who invests
his money and each individual citizen
who composes the body polite. Chief
Justice Waite, in delivering the opin-
ion Of the U. s. Supreme Court in the
celebrated Illinois granger case in 1876,
Wherein Mum u Scott were plaintiffs
in error and the people OF Illinois we're
the defendants in error, enunciates the
following immutable principle: Where
pirate property is deroted to public
use u Is subject to public regulation"
The chief justice cites abundant au.
thority in support of this principle,
both English and American, and the
principle itself is not only just in itself,
but is SO well established that it cannot
be gainsayed. Now, in the late discus
s!ons on the provision of the new Wash
ington constitution where it says. "All
railroads in this state shall be deemed
public highways, and shall be free to
all persons for tho transportation OF
their persons and property, under such
regulations as may be prescribed by
law; aud laws shall be passed, from
time to time, establishing reasonable
maximum rates of charges for the
transportation of passengers and freigh,s
thereon, and to prevent unjust discriln
iuatioa," it was urged by the Tacoma
Times, and we also learn by Judg,
Wingard on the stump, and we have nc
doubt by others interested in Railroad
monopolies, as in the case of w. s
Ladd at Walla Walla, that this princi
pie was unjust to the owners Of rail
roads. The Times, and, as we are in
formed, Judge Vineyard, went so far a,
to say that the principle would permit
any man to construct and run his owr
car on any railroad in the state, and il
his own time, in the-same manner as h,
does his own buggy or freight wager
on a public wagon road. Now, all W,
have to say in reply to this iaterpreta
ton Is that the man who gave it pub
licly was either a demagogue trying tt
mislead the people or an ass who know
not the meaning of language. Tn,
term public has no higher signifca
ton than does the word s'common" il
our laws in regard to "common car
riers," and, furthermore, what follow
in the section limits the sense in which
railroads" shall be declared and con
sidered as "pnblic highways" Be
yond this not even strained construc
tioa Is warranted by any of the rule
of the Interpretation of constitution
or laws framed under them, and Ger
tainly the principle contained in saic
section goes no further and does no
come in conflict with that enumerated
kaao