The patron of husbandry. (Columbus, Miss.) 1875-1883, 1880-12-25
a Great Problem.

inent men in various parts of the
country in regard to the right of
railroads to regulate prices, and re-
specting some other topics raised in
considering the subject of inter
State commerce. The following is
the reply of Judge ]. S. Black:
York, Pa, Nov. I6, 1880.
To the Committee on Railroad Trans
portatjon of the New York Chamber
of Commerce:
Gentlemen. You propose a move
ment in favor of some legal regula-
ton which will compel railway
companies to perform their duties
to the public on proper terms.
| will answer your qestions as
directly as possible, but without OBJ
serving the order in which you put
them.
You desire above all things to be
just. The legally vested rights of
railway companies, like other rights
of property, are sacred, and no
violation of them comes within
the scope of your design.
But on this question railroad men
misunderstood their situation. They
believe, or pretend to believe, that
railways are the property of the
companies authorized to run them,
which is a cardinal error and the pa
rent of much false argument,
A public highway can not be
private property, and railroad laid
out and built by the authority of
the State for the purpose of com
merce is as much public highway
as a turnpike road, or navigable
river.
1t is the duty of the State to pro-
mote intercourse and trade by raak-
ing highways of the best sort
through her territory. To this end
she may take land and materials
which is an exercise of the power oil
eminent domain. She can build a
railroad at her own expense, using
the direct agency of her own off
CerI, and after it is finished she can
make it free to all corners, or REIN
bulse the cost by special tax on in.
! dividuals who may have occasion tc
use it. She can delegate the taking
and the taxing powers to a corpora.
ton, or natural person; and that
is what she always does when she
grants a railroad. charter. But il
either or in any case the road be
longs to the State, and all the peo
pie have right to use it upon com.
pliance with necessary regulations
and payment of the proper tax
The corporations who have got
into the habit Of calling themselves
the owners of the railroads have nc
proprietary right, claim, or title to
the road themselves, but a mere fran.
chise annexed to and exercisable
thereon. They are the agents o.
the State for the performance of &
public duty. If the franchise be
forfeited or surrendered, or if it ex
pire by atflux of time, the State
takes possession of the road ant
runs it herself, or employs a new
agent. The company can not keeI
the read any more than an outgoing
Collector of Port can appropriate
to himself the Custom House wher.
he did his official work.
The State, having need for pub
lie highway at particular place
makes contract with a corporation
to open and put it in condition tc
be used; and, by way of reimburs
ing the builders, she authorizes
tax upon those who travel or carr,
merchandise over it.
But this tax must be reasonable
just, uniform, prescribed and fixed
so that every citizen may know be
totehand exactly how much he mus
pay, and so that when he paws, O
tenders the proper amount, he will
acquire an absolute and perfec
right to the use eff the road. The
amount of the tax, toll or freight il
any case is not a subject of bargain
between the shipper and the cor
poration, but thing to be settled
fixed and prescribed by public au
thority. If the com pany may
charge what it pleases, then the coac
is not public highway, the public
has no right in it at all, and the
charter which authorizes the taking
of land to build it is unconstitu
| tional and void.
These principles were stated b,
Judge Baldwin in Bonaparte agains
Camden and Amboy Railroad Com
pany, |. Bald. Rep, pg. q. Yot
will find more extended discussion
of them by the Supreme Court O
Pennsylvania, in Casey against The
Erie and Northeast Railroad Com
pany 2 Casey's Rep, pig. ISL
do not think they are opposed b,
any high authority, but no doub
they have often been overlooked ir
| Judicial decisions and forensic argu
mcntS.
The railroads being public prop
erty in which all the people have
equal rights, and the companies tina
run them being public agents, it i,
absurd to say that the State has nc
right to regulate and control them
in the performance of their func.
tons, by such laws as will prevent
Partially, plumber and extortion
This is power of which no free
State can disarm itself by any act
OF its judicial, Legislative or executive
officers They could as lawfully