New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-12-16
RAILWAY INTERESTS.

| THE POWER OF THE NATIONAL GovERNME,7r o'hf
| RAILROADS QUEsnOSED-TnB BALTIMORE AMI
ONO RAILROAD COMPLAINS or UNJUST DIE
Observation-Disclosures HOURS FOR CHEAP FA"Es
ON THE ELEVATED RAILROADS.
| Ge orge Ticknor Curtis gives his opinion on Gov
ernment control of railroads in n letter to Mr..
Jewett of the Erie Railway. His views conhic'
with those Of Judge Black. More railroad reports
have been received by the state Engineer
The conflict in regard to the Junction road mas
broken out afresh between the Baltimore and ONO
aud Pennsylvania Railroad Companies. The CON-
mission hours on the elevated railroads are to be IN
creased from Monday next.
GOVERNMENT CONTROL OF RAILROADS.
A LETTER BY GEORGE TIcKNoR CURTIS IN REILLY
TO THAT OF Ex-JUDGE BLACK.
George Ticknor Curtis has written to Hugh ..
Jewett letter the relations OF railroads 10 'he
State and the United States in answer to the recent
letter of ex-Judge Black on the same subject wrt-
ten 10 the Chamber of Commerce. Mr.. Curtis, after
stating that he does not agree with Judge Black IN
his legal positions respecting the relations OF rail-
roads to the States which have chartered them says
in part:
understand my learned friend, for whom I have
great personal regard 10 MAINTAIN that the raiiroaas
public highways the property OF the people VI Tue
same sense and to the same extent as ot
by public agents. Is public highway ana pupnc prop
ery nm 20 nave asser,ea Sa % u s se cef
foundation oil his argument i'll favor OF egsIatve con
troll the contracts for transportation wch Tue Idi
roads make with their customers. IL is new doc
trne to me that property pmors,ien pn,Gnaien "t be
comes public property because that corporation is
carrier, because the State mas Tor reasons VI
public benefit authorized the corporation 10 acquire
lands nv an exercise OF the power of eminent do,in
paying therefor inst compensation. The iundameha
ne4tou ia whether the Judges assertion that railroads
ar mn
public properly, Is true Judge Black is always ogcat
ercnces in fegad M The ght OF the control the
use Of Its own property But deny MS preiniSes "h
consequently reject his comet usiops
The idea that there is anything IN the situation OF
chartered railroad built and operated by private meas
which makes public property, Stale property, and
makes the corporation public agent, finds no
support in that great decision of The supreme Court
of The United States che Dartmouth College easel,
which frst ,abshed the doctrine that private funds,
raised and contributed to endow Incorporated insl-
tuition, do not become public property, Tor the reason
that the Institution open the OF all wno wish 10
enjoy benefits Even II the STATE becomes STOCK
holder railroad corporation or lends It's credit DS
guarantee OF Douds which private persons iend thch
money my learned friend il well that the rea-
Onsbip between the Statc and the corporation IL IKE
that of every other st0ckhOier aud every holder ol
lien tue property OF the corporation lien Is not
title In Fee That in the corporation, until the
changed by the assertion OF the lien In tue manner
provided In the contract.
have always believed, and think 1t must be appar-
ent, that foreign capital has freely flowed into tns
country been invested in railroads to enormous
amounts, because 1t was known ana continues 70 W
known everywhere that States cannot and nat tue
Uned States VIII not pass any law impairing the ool
cation OF contract and that charter OF incorporation
ia a contract do not observe that Judge Black has
pointed any satisfactory mode in which Congress Is
to egsae upon the charged by railroads doing an
inter State business. Ny view OF the power OF Con-
ercss to regulate between tue several states
would not lead the opinion that such legislation
would be regulation OF commerce. such as suppose 10
bn included in mat power. | am not yet prepared To
admit thai power includes Legislative authority to
prescribe what may be charged for carrying
bale Of merchandise from New-York 10 Chi
eago or what may be charged for bring
ing bushel OF wheat from Chicago 70 New,York
IL may be observed that If the railroads chartered by
State are puhc highways and public property they are
public highways and public property OF the state which
chartered within whose limits they exist How
then Congress To legisate on the use OF the public
property State The power Of the Safe TO regulate
domestic is extensive as the power Of
Congress regulate Interstate commerce. What one
may do IN IL. own sphere the other do I'm It's sphere
Neither Of them IN my opinion, c1n IND any foundation
the that railroads are public highways and
tlIbnc propery, the OF debating the terms on
winch trey may be used OF prescribing the contracts
which may b. made with cn5tOmers