Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-02-22

war to Ex that compensation. 1t occurs
to me, therefore, as proper that the sec
retary of war should be authorized in
this case to fix the compensation tor
passengers, vehicles, &c.
Mr.. Eden. The section to which my
refer is that relating to the fix
ing of tolls for wagons, vehicles, foot
passengers, SC. There might be very
good reason why the secretary OF war
should settle the rate of toll as to these
great railroad corporations but when
the question is one as to the rights OF
private parties using bridge. ii occurs
to me that the settlement OF the ques-
tion should be referred to some officer
or tribunal more accessible to the peo-
pie OF the vicinity than the secretary of
war. i'A
Mr.. Townsend. of New York. The
gentleman is right; this question ought
to be referred to the governor OF the
state.
Mr.. Pollard. will state that the cor
poration asking the building of this
bridg.,.!erlves its charter both from the
state 81 Missouri and the state Of Iowa.
Hence the propriety of the provision.
$ Mr. Townsend. of New York. The
use OF this bridge for the passage of
teams. &C.. will be matter entirely
within the state OF Missouri; the bridge
will probably be distance of hundred
miles from the line OF the state OF Iowa.
Mr. Crittenden. A greater distance
than that.
Mr.. Townsend, of New York. I en-
tirely concur therefore with the gentle
man from Illinois <Mr. Eden) that this
question as to the tolls to be paid by the
people crossing this bridge in wagons or
on loot ought to be regu ated by some
home authority, as such things are reg
ulated everywhere else. The governor
OF the state of Missouri ought to have
the control of this question.
Mr.. Crittenden. think there is law
of the state OF Missouri regulating the
charges upon these bridges; | am not
certain about that; but if there Is not.
there should be some provision in this
bill in reference to the matter. The
legislature OF Missouri should have full
contcol over this matter.
Mr.. Eden. l shall be compelled ts
vote against the bill it this amendment
be adopted. | think the state of Mis-
ssuri should have the exclusive right to
regulate matters OF this sort.
The Speaker. 1t the house disap-
proves the amendment, it can vote it
down.
Mr.. Crittenden. move to amend the
amendment by striking out 1.-THE sscre-
tary of war" and inserting. "the legis-
lature OF the state of Missouri"
MIR. Eden. The legislature can regu-
late this matter without asking any au-
thority from us they have such author
lty already. All that is necessary is that
we omit this provision about the secre-
tary OF war.
Mr.. Townsend. OF New York. 1t will
not do any harm to insert the language
suggested by the gentlemen from Mis-
souri,, [Mr. Crittenden.
MIR. Rea. So far as am concerned
assent to the amendment of my col
league. Mr.. Crittenden.
Mr.. Eden. The gentleman from Mis-
souri, [Mr. Crittenden] certainly does
| not intend to insert an amendment by
which congress would undertake TO con-
fer upon the legislature of Missouri au-
thority to regulate the tolls upon. a
| bridge crossing river within that state.
Mr.. Elan. suggest to the gentleman
| from Illinois that in the absence OF any
provision conterring authority upon the
secretary of war it would naturally fol-
low that this corporation, operating "a
bridge within the state of Missouri,
would be controlled by the Legislature
OF the state.
Mr.. Eden. Has not the state of Mis-
souri, the power to do this without any
authority being conferred by congress?
Is made tor this regulation of tolls the
persons who control these corporations,
under the principles OF the Dartmouth
college case, are placed beyond the
power of legislation, state or federal
and If we do not reserve the right we
get the people into difficulty and the cor
Poratiop may levy any rates that they
think proper. Congress may recognize
the auxiliary action OF a state. We do
not give the authority to the state to
protect the rights of its citizens.
MIR. Townsend, of New York. No
| right is absolutely given to make q
wagon bridge. We put the power in the
legislature TO regulate the tolls.
Mr.. Humphrey. 1t seems to me that
the question is very simple one. Con-
gress IN passing this act takes cognizance
and exercises its jurisdiction over this
river. 1t has the power to delegate to
the state legislature OF Missouri par
tlcular duty the same as state dele,
gates questions to grant franchises tor
ferries to counties and the same as the
United States gives jurisdiction to q
state. Until it takes cognizance by ex.
ercising its jurisdiction Itself there is nc
! power which could be more safely ex-
ercised, from the fact that every individ.
Ual injured by excessive tolls could &c
to the state courts and get Justice and
not be obliged to litigate in the courts ol
the United States. 1t seems to me there
Is no doubt about the power. 1t is one
of the safest provisions we could incor-
porate in the bill.
The question was taken on the amend
ment; and it was agreed to.
| Mr.. Crittenden. l meve now to strike
out in line +, in the first section OF the
bill. the words ''or within twelve miles
oi;" so that it will read:
"That the Chillicothe and Des MONIES
City Railroad Company be, and is here
by, authorized to construct and MAINTAIN
u bridge. and approaches thereto, ovel
the Missouri river, at such point as il
may select. at Lexington, in the county
of Lafayette, in the state of Missouri
Said bridge shall be constructed to pro.
vide tor the passage OF railway trains
and. at the option of the corporation b,
which it may be built. may be used fo
the passage oi wagons and vehicles O
all kinds. for the transit of animals, ant
tor foot passengers"
That fixes the bridge at Lexington
the leading and important town in tha
county. j think it will be better to ii,
1t there at that point, as that is the mair
point IN that county. than to carry l
twelve miles above or below. l am un
willing to agree to one mile above O
below but wish to have 1t at or as nea
Lexington as practicable. l will stat
a better foundation can be had for
bridge at Lexington than at any othe
point for twelve miles above or below
MIR. Pollard. l am willing to admi
that.
Mr.. Crittenden. AS near as practica
BILE.
MIR. Pollard. Then say three miles.
Mr.. Crlttenden. l cannot consent t
say three miles, because 1t might injur
the town very much. l will say within
the corporate limits of the town.
MIR. Pollard. Make it larger tha
that