Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1880-12-16

movement IN favor OF SOM: le-l
gal FessiatiopYWhivhg Il Ecom-
pei railway companies to per-
form their duties to the pnblic
on nrenei1 tgfbsa. MCGA
->isNwhfanswer your questions
as directly as possible, but with
ont observing Tire ofderin Which
yon put them, .rstxe,sswn,4
You desire above all things to
be just. he-legalIy vested
rights of railway companies, like
otAeyFigAtsu sfqs4pefty are sal
dtaasd Ssf6Rtfioil Of Them
comes wtbin fhea scope of your
design. ~aagOmsl1 .saoOd
Bpten tfiss question = / FaIiiEoad
men misunderstood 1their sitda-
tiennlsqilIeyb believe, of,i5eteiid
to believe, that railways are the
properly OF itlieT ccmpanids au-
thorized toiriitf them, Which is a
\. osff-I HNE GTlttF 't1frr-1 - -
cardinal errors and the parent of
muchifalse Ea,guintnt!hlis ,es.a
tZAipublic highway Cannot be
private property, and a railroad
laid out and built by the authori-
ty of the State for the purpose
ofcommeree isas much a public
highway as turnpike road, ca
nal, or nayigable river.
1t is the duty Of Tie State to
promote intercourse and trade.
b5ghasalg gb Ma gB6 the best
sort through her territory. To
this .undsheMay fake land and
ateria!s, which is an exercise
of the power efleminentdoinain
She cap bud n iaihvaA$ at her
own expense, using the direct a.
geaoy of.sil :. siNsn officers and
after ii Is buiItsB can make il
free to all comers, or reimburse
the8pst by zspeciap Hik on indf-
viduals who have occasion to
use ID. hecah7 delegate the Ia
king and taxing powers to. a. cor
pohat IE6isa haflisig person; and
that is what she always does
when she grants a railroad char
ter. Bat n.sitheFEer any case
= the road Belongs TO the State,
and all othopR0pIe. hatHv adi9ht
to use.itiaPons compliance With
necessary regulations and pay
ment ofsthe prpperFax.E ,~liS !.
4he corporations Who have got
into the habit Of calling theml
selyesathel owners ofathe rail-
roads have mo- proprietary right,
title, or claim-to the roads taem-
selves; bat "A There Franchise an
neXed to and .exercisable there
on. They are the agents of the
State for the perforpmpceisofia
public duty. 1.-THE franchise be
forfeited Of asurteiidered, or fit
cxpiremshK efilaax of time. che
State takes possession of the
road and runs il herself, or erl-
ploYBat ilew aassit. The com
papy IcaiiAop keep'tiie road any
more than an outgoing Collect
or of aaPtav'calf Appropriate to
himself the Custom House where
he tidbis qffcial werk aiEIl1
The State, having need for a
public highway at.aupaPticlllaf
place, makes a contract with a
corporation to open and put it
in condition to be used; and by
way of TeimbilrsiDg the build
ers and operators, she authorizes
a tax'awSl,h those who travel or
carrH Righteousness ever IT. tesl
. But this. tax must be reason
able, just, uniform, prescribed,
and fixed, SO that every citizen
may know beforehand exactly
how much be must,pay, and so
that wheIkhe pays or tenders
the preperl amount he'wills ac-
.quise lan'shbsolIlte aAd perfect
right ,to. she use. gofl the road.
The amount Of The fax, toll, or
freight ii. my Case is not a sub
ject.of ACKNOWLEDGEMENTS ship
per and the, dsarp0ra4ionybut a
thing to be ,sctffui,S fixed, and
presclib@i bsi pehie ;hit66fityg
If the company charge what
1T pleases, then the road is not a
PUBLIC higlixay;;, iihes pshks has
no right in it5ataliE, and'the char
ger which authorizes the taking
of land to build tits Gncbnstitu-
tional and void. a. aai,sssss Ig,uots
These principles. were stated
by JSdge 9hffdwin iii cnapaFtel
against the Camden and Alnboy
Railroad Company flBalds Rep,
.252. )S Cf@0l wfjl fEa IGNORE ex-
tended discussion ofthesptbY the
supreme Court Of Penneylyania,
in Casey act. tho Erie and North
east RaiIi4sAdl.E Company II Cas-
ey's,Repgi2S7) ga d6not think
they are opposed lgsAnyp high
authority, but no doubr they
hayeroffcff been overlooked in
judicial decisions d-aforrnsie
ifargumentsl