Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-12-10
REGULATION or RAILWAYS.

merce is a8itatlng the question .
congressional and state regulation
of railways. In August last q
special committee of that body ap.
piled to several celebrated lawyers
for their opinions rs TO the con.
stitutionality and equity OF such
legislation. Several answers have
been received, and among them
one from Judge Jeremiah >. Black,
of Pennsylvania. lie claims that
that such legislation is right and
proper, as all railways in fact be-
long TO the State, and sustains his
position by very convincing ar
gumcnts, Among other points nc
refers to the fact that were rail
roads not for the use Of the public
private property could not be used
for their construction. Judge Black
says:
= The legally vested rights
railway companies, like other rights
Of property, are sacred, and no vio-
lation Of them comes within the
scope Of your design. But on this
question railroad men may misun-
derstand their situation. They be
lieye or pretend to believe that rail
ways are the property Of the com
panies authorized TO run them,
which is II cardinal error and the
parent of much false argument. A
public highway cannot be private
property, and Il railroad laid out and
built by the authority Of the State
for tae purpose of commerce is us
lnuch u public highway as turn
pike road, canal or nayigablo river.
II il the duty Of the State to pro-
mote intecoursc and trade by
making highways Of the best sort
through her territory. To this end
she may take land and materials,
which il IN exercise Of the power Of
eminent domain. She can build n
railway mt her own expense, using
the direct agency of hcrown officers,
and after IL il built she can make IL
free for all corners or reimburse the
cost by special tax on individuals
who have occasion To Use IL. she
can delegate the taking and the tax
ing powers 10 u corporation or u
natural person, and that is what She
always does when she grants rail
road charter. But in either or amy
case tho road belongs to State, and
all the people hnye u right to Use IL
upon compliance with the necessary
regulations and payment Of the
proper tax.
The corporations who have got
into tho habit Of calling themselves
the owners of the railroads have no
proprietary right, title or claim to
The roads themselves, but II mere
franchise annexed to and exercise
Die theron. They are the agents of
the State for the performances Of II
public duty. IT the franchise be
forfeited or surrendered, or If il OK
pirc by eillux OF time, tho State
takes possession Of the road and
runs il herself or employs IL new
agent. The company cannot keep
the road any moro than an ont
going Collector of Il port ean appro-
pirate to himself the Gustom-llouse
where ho did his official work The
State having need for u public high
why nj u particular place makes q
contract with Il corporation 10 open
and put IL in condition to be used,
and by way oi rrtmbursing the
builders and operators sho antho-
ICES u tax upon those who travel or
merchandise over il. But this tax
must be reasonable, just, uniform,
prescribed and fixed, 50 that every
citizen may know beforehand eN-
aetly how much he must pay, and
SO TINT when he phys or tenders the
proper amount hr will acquire IN
absolute and perfect right 70 the
use Of the road. The amount OF
the tax, toll or freight many ease i
not subject of bargain between
the shipper and the corporations,
but thing to be settled, fixed and
prescribed by public authority. Il
the company may charge what il
pleascs, then the road Is not pub.
lie highway; the public has norights
in il ut MI, and the charter which
authorizes the taking OF land te
build il is unconstitutional and
void.
II would seem Tint wise and
moderate legislation III regard K
the rates charged by railroads
would be Of great benefit to the
tho country. II would give 4
stability to trade which would be
an inestimable benefit to both thu
4 AL