The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-12-30

j I und-r-i,'ri iuy .esr.ed irieud. for
{ " h"n ] ii.Ee -tc- r.-- LISA Tc-.rrt. t0
iusiuiain tHnt 81. -riir1r- ME ilIIili,
hi-utfa, --iitr .-r.t ..r.F ni Gee. ap.e-iu
I tie same sense lu.i g. ;ir >vui. extent ~
. a turnpikr uf l .'It H.nfi rritf. built 80 tac
! public expense 7ud 1if.rau.d l,y puhli,
agents. i "a publ" highway aHu public
I properly ! understand him 10 have as-
Z serted ihi, over anu over J-.tin. 30 4 vari-
/ ETY. of forms. sul that 10 i~1hr chief fnuu-
4 datinn OF BIZ argument ICE !lvor ef lc-i>-
latiVc cOuiro! over tlie contracts for trans
I pOrtafiOn which ga. railroads max" WITH
] their customer ite denies that thv cor
{ pOratiOn> have any Ownership ia thcii
+ own property. cor ans proprietary right
! title or claim 10th, ROADS themselves. and
/ lie asserts HAT tEly have nothing but q
j mere franchise lHurEci o. and exercise
\ bic thereon" which must mean accord.
4 ing To- hi- doctrine. Tie tf.nrlisro OF heiu-
/ public agent, for the management Of
! public property. uc!tayos - tie uorpOr-
I aiions nothing else. lie treats them -
/ agents Of the state FOR the performance OF
= public duty. Ali That be comedies 10
/ these public agent, j, the right 10 icYy
what lie calls . '';aN upon taOse B. uO
1 travel ur scId merchandise over the road.
| tie even 2oe, 80 far as tu assert that when
/ the franchise expires the state takes pos
| session OF the road and runs 10 herself OF
TO mean that not only iha land, bat HE
| rails and rolling stock. and all other prop
| erty which The cOrporltors have from
| their private means placed and used upon
that land. having been al the while pub
| lie property, continue 10 be public prop
| erty ia tho hands or the state. or In the
hands Of new agents of the state. The
company. says judge Black can moi keep
the road any more than AN OUt1Oin@
collector OF apcrt can appropriate 40 HIM
sclf the custom house where he did his
official work. This must mean, lift means
what i the logical consequence of judge
Black : assertion, that the the railroads
are public properly. without a shred Of
private ownership; that everything. land.
rails, rolling stock. tools. etc. purchased
by private funds. are ait along public
property, and ii.rt they remain public
property when thc franchise or cor
p0Tatc right il Doe Tho agents AZ that pGb-
lie property, expire. ltl~ e new dSCii me
to me shat properly pnrchlrtd with the
private funds al corporation becomes
public property because that corporal .on
Is common carrier, o. '.ocause the state
has, for reasons of publ benefit, author
lied the corporation & luire lands by
an exercise OF the pCw-r Of eminent do.
main, paying therefore JIst compensa-
ton.
The idea that therc i 1ything in the
situation Of charter,d railroad, built
and operated by private means, which
makes il public property or state prop
erty, and makes the. corporation public
agent, finds no support in the great deci-
sion of the Supreme Court OF the United
States which first established the doctrine
that private funds raised and contributed
10 enuow an incorporated institution do
oot become puhiic property Tor the reason
thot the institution j. open 10 the use OF
II who NJ sl n pr,iO,r ifs hnnoti-g m ha
Dartmouth college vaSe mo great doe
irines of constitutional law Were settled
on foundations that have not yet been
diSturbe,i-hrst. that Z grant Of charter
of incorporation Is contract hetW cen
the sovereign power ana the grantee, all
of whose obligations Sre under the IT,
lection OF thai riu,lSg az our federal Cu:l-
stitntion which prohibits the Passage 10y
the state OF amy law that impairs them,
nom which il follows that If ASiatr LEXIS
lature has ohce granted 70 a railroad cor
pOratiOn a pow er 10 make its own CON
tract, without any reservation of right
10 control the exercise OF that power, II
! cannot Subsequently control ar resume it;
second, it was settled a. the Dartmouth
College case that private properly re-
mains private property .githOurh held by 4
| corporation and held by the terms OF the
charter for the Use OF any individual al
the public who may desire to enjoy it,
| benefits complying with the condition
on which its Use is offered.
1 hare alvGys belie-ed- and / +Lini. il
nust bs apparent, that foreign capital has
| freely flowed into this ccuntr- and been
| invested III our railroads &c enormous
| amount because Il wa known; aTd con-
| tInuP7 IL tGl-n3Vn every Therc, that our
| ctateG cannot. and th?t tbs Cnitcn States
Will not, 1a-1 any law i1GrRiriHg the
ALLEGATION q contact and that char
| Ter Of incorporation = contract.
| anu t"ieTahlE familiar with The laf5 lc-
! ei-iCh- al the Supreme C5uri ~ ihe
| / nit0i states. hut VIC havC not vet
Teiche Il = condition II ri5 declared Ian
which viii sanction tn interference il
/ the 7jata with TIC contracts lDl is hy iii II
| railroad with customer unlJ-- ia th5
| 5haTter- them -eiVc7 ur in the condition 81
| the fundamental Law uGtior which tho :
Were Granted lnI accepted there WAS Z
| reserved p6Wcr 81 revision AMI alteration
| Oh the contrary no case has va been al
~ ILr -, which ,htrr va. moi f0Ilns
| power which rTINcut,d fIr t'il.srnr
| grant ut lhr charter from helm. "a con
uact between The state and the corpora.
| lion gfaniip" T." Ia latter al unqualified
| authority 10 make Tvs own contracts ion
| transportation ACCORDING Ia lis own iudc
MS Of III, business Interests.
There Is one proposition in JUDI,
| Black letter which. II may bc safely pre-
| dictcd. will mol he established. II +. il
| understood hun, that Il State charter au
| thoriZin@ Il corporation IL take land for /:
| railroad would be unconstitutional and
| Void If ii lcaNrN ihtruinpany o iiN lis own
CHARGES for the usc nt The road. Ills Ian.
| .na"c T.. If ihc company may char.t
| what il plaaSrs, tLcn the road is NOT pub.
| lie highway. The public has no rights in II
| al ali aud the eiitrtrr- ~ hrh authorize;
| the taking of land "a huiid II j. uhcon-ii
| uHianai and valid " ( wonder what SORT
of a state constitution il wonid be um,icl
| which This amazing proposition could bt
| irne. h wnuld have To lac n constitution
| which, in granting 10 tic legislature ant
| thoriiy to exercise ahd delegate the pow.
| cr which j. called the eminent domain
| would IMPOSE as special restriction ana
| limitation that the power shall never bt
| exercised in favor OF any "ranter of the
4 power unless that grantee ~tipulatrs thai
| the legislature ia.N limit the rhar"ts
| which lac is {" make for the use of tie land
1 that kc l. aHth0ti ZfI Il take.
| Whether the state SHAH OF siui not i'm
| pnse A. . condition ihIt the corporation
| shall charge only IS" mach Zoe The priv
| le~e OF travelling ga ,is f".id, has hothitr.
| t. To with The question or pubic use
| Fiat Il determined Iheu ihc right tat:,he
| lbc iand = eIHEttj. lt3i the erautis equal
| Is GOOD whether fhe corporation t. len
| tr,s "a make "a a., "a harre 6T a. nut an
drr "a restriction.
sio nor observe thar judge Slack Ia.
1 pointed out any satisfactory 1fodc ia
| which Congress l. to leeislate upon the
| Iates charged ~ railroad DOING at-inter-
efats business 5iS own view OF the pow
1 er at Congress 10 TeHulate commerce be-
| tween the several states would not lend
Inc T. the opinion TINT such LEGISLATION
would DC q regulation q commerce sBch
/ a. I suppose to be iucludedtn thar power.
am not yet prepared &c admit that that
power includes legislative authority to
prescribe what may be charged for carry
Ing bale Of merchandise from New York
TO Chicago, or what may he charged fer
bringing bushel OF wheat from Chicago
to View York. The best general descrip-
ton OF the commercial power Of Congress
that 5aye. met with In recen1 times il
thar given by Ar. Justice Field, In deiiv.
erfrg the unanimous opinion OF the court
IN Railroad Company Y, Richmond. 10
Wallace, 5S9-"The power TO regulate
commerce ameDE the several states WIS
vested in Congress in order 70 secure
equality ladfreedorl in commercial liz
tercourse against discriminating state
legislation; 1t was never intended that the
power Should be exercised so IS TO iater.
fere with private contrasts not designed
st the time they were made 10 create i'm
pediments 20 such intercourse.
/ have no observations 10 make upon
that part OF Judge Blacks letter whichre.
lstes to the western roads that have been
built in whole or in part ont Of the pro-
ceeds of public lands ofthe United States,
orby the eid-ef the credit fthe govern
rEsut.-
The relations Of those roads TO the
United States are peeuiisr How far the
government IL proprietor - those ro26s;
what tt may do Is Z sovereign granting
the charter, as well As in tie capacity ofa