The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1881-05-19
4 M.n Who Would Re- scn.tor.

man VINO WOulU DC ocnatOTe
During the session Of the Iowa Legis.
lature In 1870 o bill was introduced ID
repeal tho Granger Inv q 1874. Wlnils
this bill was in the hands 81 the joint
committee Mr.. james r. Wilson, Of Fair.
field, appeared before it and made an
argument in favor bf repeal, Of which
this is the pith:
The right OF eminent domain 10 simply that
inherent sovereign power claimed BY the State,
controlling private property for public use.
The Stats does not exercise the right OF cini.
ncnt domain for the benefit VI rairoad COM
panics, but for its own advantage aud the
promotion Of the public good. II could not
exercise it for tho private interests Of the stock
holders In railway corporations, for that would
contravcne the constitution. II exercised at
oil, 1t must be for the public use. The effect
Of the exercise cxhausts itself when the
work has been constructed and its advantages
received to the State, and in no manner oper-
ates to change the business OF the rail- DAD
companies from private to public character.
Perhaps the greater portion 1T tbs railway lines
In this State are constructed over fights OF way
presented to, or piirchas6d BY, the several COM
pan es owning them. In such cases tho aid Of
vokei. Private enterprise and capital have
done the whole work. What rhall We say
Of the bufiness conducted over such portions 4
our raiIways2 Is it public or private b,lsinessi
II the exercise Of the right OF eminent domain
gives public character TO tho business does
not the absence Of the n'c Of that right prove
its private character? How can You have q
business with this dual character on the same
line Of road2 Docs not the absuFdity OF the
case thus presented Of itself show that the right
Of eminent domain has no s,lO, effect upon the
nature Of the business ~ 10 claimed for It?
but it Ii said railways src CONSTRUCTED BY
corporations that corporations are creatures
Of law, and that therefore, the business con-
Quoted by them ID in some manner public in it,
character. But railways may be constructed
by individuals without corporate association.
suppose some wealthy nan should say to the
people Of tier OF counties from the Missis-
eippl 10 the Missouri river, III you will sell
me strip OF land 100 feet wide from river to
river, will bLi railroad thereon and
operate It IS my own property. 1t shall b.
the property Of . man and not of a soulless
corporation The fight Of way il purchased,
and the road constructed, owned and operated
road It has been built without any aid from
that mysterious thing called eminent domain
no corporate life or power controls or OWNS It.
Surely it, business IL private. Ii It right for
the State TO step in and regulate il ? fancy
some one says Yes for there i. an element
in the case not yet mentioned, which gives the
business . public character. The man il Z
common carrier. Well, what constitutes Z
common carrier? A common carrier il de-
fined to be one who undertakes for lire or
reward to tramp from place to place the
goods of such ~ choose to employ him. The
rule embraced the prOprietors of stage-coaches
aud wagons, omnlbuscs AMI railways, also
carriers, cxprsEsmen, portcrs, ship-owners
and all who engage regularly IN the trans
pOrtation u goods or money from town to
town, Or from place to place III the same town.
The rights, duties and obligations Of these
several clalseT OF co.AmOn carriers are menti-
cal. The law which governs one governs the
other. The man who might own the suppositi-
tious railway, which have brought to your at
tention, and the poor man who carts the streets
of Dies MONIES for hire, are vested with and
held to the same obligations, within their re-
spcctiye callings. Their patrons arc protected
y the same laws. II the business of the one
is public, 30 il the other. Yon have the
and determine the charges herein a. you have
Of the other. Why not enact law fixing the
rates which = carman may charge for carriage
about Des Moines. or the teamster who trans-
ports the goods from point to point in the
State, and Ut stage owners for carrying passen-
gers. There are many reasons why not Theirs
Is q private business. So il that OF the owner
Of the raj road. II being common car
riers don't give their business public charac-
ter, neither does it NO operate ON his. Thus
We find nothing, neither eminent domain, cor.
parate organizations, nor the employment Of
common carriers, which makes railway trans
portation anything othtr than private business,
tue same az that Of any other person not IN
the public service. AT least it II 30 to the
power to determine the price for which the
service shall be performed.
There can be no palmer declaration
made against the right Of the State and
the Federal Government to regulate
railroads and compel them to do justice
to the people. In the coming battle
between popular right aud corporate
greed do the people Of Iowa want thi,
man IN the Senate? The corporations
want him and are all in favor Of him.
Will the voice Of the rsople be smoth.
pra1 y