The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-12-16
THE IRREPREsslBLE CONFLICT.
Judge Black Asserts the Inherent Rights
OF the People.

recently sent out to leading business ant
professional men through the country .
series Of questions relating to the genera
subject OF the freight rates and discrimi
mating tariffs OF railroad companies
The object was TO collect opinions in re
gard to matter OF pressing importanc,
To the trade and commerce of the coun
try. Among other answers received is ,
long one from the Hon. Jere S. Black
who deals in his we'll known clear anc
incisive way with the general subject o
the relation of the great trarsportator
of corporations to the Federal and State
Governments. Mr. Blacks views ars
bold, not to say radical, but he puts then,
in style which forces ettention. The
legally vested rights of railway col nora
tious, he says, like other rights of prop
| eEty, are sacred, and no violation of them
comes within the scope of honest INQUIRY
But, says Judge Black, con this question
railroad men misunderstood their silua
ton" He holds that railroads are uol
holders of property, but Of franchises
and adds:
"They believe, or pretend to believe
that railways are the property of the
companies authorized 10 run them, which
is cardinal error, and the parent ol
much false argument. A public high.
way car not be private property, and q
railroad laid out and Llilt by the author.
ity of the State for the purposes of com.
merce is rs much public highway as q
turnpike road, canal or navigable river
1t is the duty of the State to promote in.
tercourse and trade by making HIGHWAYS
OF the best sort through her territory.
To this end she may take land and mate,
ria's, which is an exercise of the power
of eminent domain. She can build n
railway at her own expense, using the
direct agency of her own officers. and
alter it is built she can make it free to
all comers or reimburse the cost by
special tax on individuals who have
occasion to use it. She can delegate the
taking aud the taxing powers to corpo-
ratiop or o natural person and that is
what she always does when she grants a
railroad charter. But in either or any
case the road belongs to the State, and
all the people have the right to use it
upon compliance with the necessary reg
ulatlons and payment Of the proper tax.
The corporations who have got into
the habit of calling themselves the
owners Of the railroads have no proprie-
tary right, title or claim to the roads
themselves, but mere franchise annexed
to and exercisable thereon. They are
the agents OF the State for the perform.
ance OF public duty. If the franchise
be forfeited or surrendered, or if it ex-
pire by cfiiux of time, the State takes
possession OF the road and runs it herself
or employs new agent. The company
cannot keep the road any more than an
outgoing collector Of port can appro.
PIRATE to himself the Custom House
where he did his official work. The
State having need for a public highway
at particular place, makes n contract
with corporation to open and put it in
condition to be used, and by way of re-.
lmbursing the builders and operators she
authorizes tux upon those who travel
or carry merchandise over it. But this
tax must be reasonable, just, uniform.
prescribed and fixed. so that every citizen
may know beforehand exactly how much
he must pay, and SO chat when he paws
or tenders the proper amount he viii
acquire an absolute and perfect right TO
the use of the roud.' The amount of the
tax, toll or freight in any case is not
subject of bargain between the shipper
and the corporation, but thing to be
settled. fixed and prescribed by public
authority. If the company may charge
@hat it pleases then the road is not a
public highway; the public has no rights
In 1t at all, and the charter which au-
thorizes the taking of land to build it is
unconstitutional and void.
"These principles" Judge Black saws,
''are discussed fully and carefully laid
down in numerous decisions of the courts.
Being public properly, it is absurd 70 say
that the State has no right to regulate
them and control them in the perform
ance of their functions by such laws as
will prevent partiality, plunder and ex-
tortion. No free State can disarm itself
of this power by any act of its executive,
legislative or judicial officers. Thev
cuul1 as lawfully sell the State out and
out. The franchises of railroads are
property, but their limits must be regu-
lated by law and these limits must moi be
exceeded. A charter doing SO is void.
Legislation to bring fares and tolls within
reasonable rates has been decided by tho
Supreme Court to be constitutional. The
real, not the apparent, cost of Il road
must be the measure of the reasonable.
ness of rates.
STATUS OF LAND GRANT ROADS.
Most of our Western roads we're built
with the proceeds of public lands granted
mediately or Immediately by tho United
States Ia. the several companies which
now have them in charge. They did not
really cost the stockholders anything, and
in some cases they got lands worth a
great deal more than all expenses of
making, stocking and running the roads
The two ctn,nnanies he..==eeH Q .Haihis and
San Francisco raised in cash out Of gov
ernment bonds. lands and mortgages OF
their franchises four or five times as
much as they necessarily expended upon
the roads. The stockholders, witllou.
paying anything, PIT the enormous sur.
..ins ;nto thai- nnnkn,. TI.c.- -.-i-
thus built at the public expense, and in
some eases paid for. by the public five
times over, are now claimed as the pri.
vate property of the companies, anu the
right of the public to use them rs high.
ways is utterly denied; nevertheless
think the claim of these companies Ia
! take reasonable tolls stands upon the
same foundation as that of companies
whose roads were built by the stock.
holders themselves at their own proper
expense. The grant of the lands In.
vested the grantees with q title which
could not be revoked if the conditions OF
u were performed.
"If railroad companies have the ur,
limited poN-rr they claim, all indus
tries are sttheir mercy" saysJudge Black
mo such power belongs to them legally
yet, in many cases they have usprped il
and abused it.
DISCRIMINATION IN RATES.
"They badly express their determine