National Republican., 1880-12-20
The Railroad Highways.

The Railroad Highways.
The railroad companies, realizing the
growing hostility of the people to their
assumedregal prerogatives, are beginning
to prepare for resistance. The Central
Pacific and the Eric have been heard
from-the former through its Sacra-
mento (Cal) newspaper organ, and
tile latter through its attorney, George #.
Curtis, of New York. They do not
agree in all things, as their constitutions
require different treatment. The Cen
t,al Pacific, just now menaced with State,
regulation, is sure it is Federal corpora
ton and is not amenable to the State;
yet it opposed the Thurman bill on the
ground that it was State corporation,
and in that capacity sues in the courts.
Mr.. Curtis "giyes away" the California
corporation Ito borrow u common phrase)
by freely admitting the power ofStates to
regulate rates where, the right to amend
all charters is reserved in their constitu-
tons. He cruelty excludes from the BEN
eft of his argument all roads which have
been subsidized by gifts of land, saying
United States are peculiar, and whatever
may be true of them can afford very little
aid in determining the right of roads
built by private hands"
The chief feature in the argument of
these two champions of railroad SOW
ercignty is their assertion that tho rail-
way is not public highway. Both are
united upon this. The similarity of their
arguments to sustain this astonishing dis
coNery suggests concert of action, and is
new revelation of the extent to which
The pretensions of the railroad interests
are to be carried. 1t is the logic of the
casc, and they boldly follow it. We say
that the roads enjoy State franchises, and
carry on interstate commerce. They are
also post-roads. The line between Fed
cral and State control may be the subject
of discussion; but because the two cats
could not agree as to O division of the
cheese it did not follow that it belonged
to the monkey.
This attemptto maintain that railroad
is not Il public highway shows that its
advocates are in a pcrilous strait. Laws
have been enacted in the several States
authorizing the condemnation of the right
of way over private lands for railway
tracks. Is that public use? If so, then
the laws were constitutional, the con-
demnation proper, and the roads public
highways, If not, then the taking of the
right of way was for a private use, and
fhn lnut .,.l,inl n I,p, ,iy "a h,;nr, III
no such right was acquired. But Mr.
Curtis tries hard to convince his clients
if not himself and others, that he has
mastered the subject when he declares. .
There is nothing in the charter of a railroad to
which the state has given no funds which makes
ton tic public agent managing public property for
the State, for the reason that from public motives
the State has authorized the corporation to nc
quirc lands by the exercise of the power of emf
nGnt domain in payment ofn Just compensation, or
because the road was chartered that public con-
venience might be promoted by its existence.
To this it may safely be replied that
there is nothing in the fact that railway
company used its own funds (whosc
should it use p in acquiring the right of
way by the exercise of the power of emil
nent domain by the State, which makes
that way private way and free from
public control. Turnpike companies Use
their own funds, as also do bridge and
ferry companies; but they do not there
fore own the roads or the rivers nor arbi-
trarily control the rates of toll. The
right to condemn private property for
publicus is right ofthe sovereign, which
in this country is the people. There is no
lnlrn1 Il tn
property for the private use of railroad
companies or any other private individ-
uals. DO the railroad companies seri-
ously claim that railroad is private
way, used only by the suherance of the
railroad kings, who have majority of
the stock If this is to be their relation
to the public, then are they indeed our
masters. If our locomotion through the
country is by leave of any private indi-
yiduals; If we can only travel or send
our merchandise from place to place
from inland to standardization we have
stood and delivered to few individuals
such sums as their love of gain may sug-
gest to them to demand, then we are
drifting back to feudalism. The follow
ing from 1ollam'S History OF the Middle
Ages, volume II, page "a, is good reading
in this connection:
A very large portion Of the nobility lived by rob.
berry. Their castles as the ruins stil bear witness,
were erected upon inaccessible hills and in dcliles
that command the road, An Archbishop of Co.
lOBne having built fortress of this kind, The gov.
GrnOr inquired how he was to maintain himself
no revenue having been assigned for that purpose
The prelatG only desired him 10 remark that the
castle was seated near the junction Of four roads.
The American people will see to it that
81 the junction of four roads shall have no
tcrrors for travellers in this our age and
country.
The Negro in the South---II.
We have called the attention of our
readers 10 the present condition of the
negro in the South, and have asked how
his position in that section could be i'm
Droyed The central idea of the Soutb in