The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-12-16
THE 1RREPREsslBLE CONFLICT.
Judge Black Asserts the Inherent Rights
of the People.

Judge Black Asserts the Inherent Right
of the People.
The New York Chamber of Commerce
recently sent out to leading business ano
professional men through the country 8
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 a matter of pressing Importance
to the trade and commerce of the coun'
try. Among other answers received is 9
long one from the Hon. Jere S. Black
who deals in his we'll known clear and
incisive way with the general subject Of
the relation of the great transportation
of corporations to the Federal and State
Governments. Mr.. Blacks views are
bold, not to say radical, but he puts then,
in q style which forces attention. The
legally vested rights of railway corpora
tions, he says, like other rights of prop
erty, are sacred, and no violation of them
comes within the scope of honest inquiry.
But, says Judge Black, "on this question
railroad men misunderstood their situa-
tion." He holds that railroads are not
holders of property, but of franchises,
and adds:
"They believe, or pretend to believe,
that railways are the property of the
companies authorized TO run them, which
is cardinal error, and the parent of
much false argument. A public high
way car not be private property, and q
railroad laid out and built by the author
ity of the State for the purposes of com
merce is as much public highway as a
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
riafs, which is an exercise of the power
of eminent domain. She can build q
railway at her own expense. using the
direct agency of her own officers, and
after 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 iG. She can delegate the
taking and the taxing powers to a corpo-
ration Or q 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
ulations 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
but mere franchise annexed
to and exercisable thereon. They are
the agents of the State for the perform
ance Of a public duty. If the franchise
be forfeited or surrendered, or if it ex-
pire by efflux of time, the State takes
possession of the road and runs it herself
or employs a new agent. The company
cannot keep the road any more than an
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 a particular place, makes contract
with corporation to open and put it in
condition to be used, and by way of re.
the builders and operators she
authorizes a tax 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 that when he pays
or tenders the proper amount he will
acquire an absolute aud perfect right TO
the use of the road.' The amount of the
tax, toll or freight in any case is nut q
subject of bargain between the shipper
aud the corporation, but a thing to be
settled, fixed and prescribed by public
If the company may charge
what it pleases then the road is not a
public highway; the public has no rights
in it at all, and the charter which au-
thorizes the taking of land to build it is
and void.
"These principles" Judge Black says,
"are discussed fully and carefully laid
down in numerous decisions of the courts.
Being public property, 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, pIunder and ex:
tortion. No free State can disarln itself
of this power by any act of its executive,
legislative or judicial officers. They
could MS 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 not be
exceeded. A charter doing so is void.
Legislation to bring fares and tolls within
reasonable rates has been decided by the
Supreme Court to be constitutional. The
real, not the apparent, cost of road
must he the measure of the reasonable.
npss of rates.
STATUS OF LAND GRANT ROADS.
"Most of our Western roads we're built
with the proceeds of public lands granted
mediatelv or Immediately by the United