Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1881-01-14

tees of Dartmouth College in 1869, was
contract within the meaning of the con-
stitution and prohibited by it, and that
the College was private charitable insti-
tuition not liable to the control of the leg
islature; and that the Act of the New
Hampshire legislature altering the char
ter in material respect without the con-
sent Of the corporation was an act impair
ing the obligation OF the charter, and con-
sequsntly unconstitutional and void. This
decision has been ever since recognized as
dspriving the State legislature ofthe power
of revoking, or in any material respect al
teriHg, the charters of incorporation
granted to corporations by Acts of the
Legislature, unless express authority to do
50 was reserved in the Act of incorpora-
ton. This has led to the insertion of
such . clause in many of the charters of
incorporation since granted.
1t does not appear, however, that the
regulation by legislation of the transpor-
tatisn charges of railroad companie. is
any revocation or material alteration of
their charters. Judge Blacks theory that
railroads are public highways in which
the companies have only franchise would
seem to necessarily connect with the char
tiers of such companies an implied con-
tract that the legislature reserved the
right to protect the public rights therein
by proper legislative supervision. But
quire private property in the corpus of
the roads, then the decision of the Su-
preme Court in Mum VS.. Illinois a Otto
113) to which Judge Black alludes, is ar
thority for the right of the Legislature to
regulate their charges. In that case the
question was: "Has the State of Illinois
the Consti utional right to regulate and
limit the charges Of grain elevators, work
ed in connection with railroads at Chica-
go9" The Supreme Court decided that
it had, and Chief Justice Waite. in the
course Of the opinion in that case, SAID
I'VE find that when private property is
affected with = public interest, it ceases
to be juris pricati only. This was said
by Lord Chief Justice Hale more than two
hundred years ago. in his treatise DE Por-
THUS Maris, and has been accepted with
out objection as an essential element in
the law of property ever since. Property
does become clothed with public inter
est when used in . manner to make it
public consequence and affect The commu-
nifty pat large. When, therefore, one de
votes his property to a use in which the
public has an interest, he in effect grants
to the public an interest in that use. and
must submit 10 be control ed by the pub
lie for the common good TO the exent Of
the interest be has thus created. o
1t is insisted, however. that the owner Of
the property is entitled TO = reasonable
for its use, even though it
be clothed with public interest, and
that what is reasonable is = judicial, and
not leg islative question. As has already
oesn shown, the practice has been other
.e. In countries where the common
prevails. 1t has been customary from
-, tiiin emorlal for the lerislature IN
Heeiare what shall be a re,son.II.
Pe"saion under such cIrcun,s,.nc.
perhaps more proper speaking .,
maximum beyond which any charge mad,
would be snreasonab e.
These authorities clearly establish the
right of the State Legislatures and Con
gress to regulate the rates OF traasporta
ton charges made by these companies,
aud to prescribe uniformity and prevent
discrim nation therein. Were this not
the case, these companies would be cloth
ed with the most arbitrary and dangerous
powers The principle of charging as
much as the traffic will bear" which is
said to be control ing one with these
companies in fixing their rates. is certain
ly most pernicions oae, and one which
conduces directly to the unjust accumu-
lation of immense fortunes In the hands
of few rich corporations. A movement
is on foot by prominent commercial men
in different sections of the country look
ing TO the establishment OF Boards Of
Railroad commissioners in every State
and National Board to act on behalf OF
the General Government, for the purpose
of supervising the workings ofthe high
ways, and the protection OF the pub les
rights therein by securing uniformity and
fairness in the charges made by these com
panies and the invoking of legislation for
those purposes. This movement Will IN
doubtsdly receive the support and en-
dorsement of we'll regulated public opin-
ion. The fallacy Of the boosted idea Of
"progressiveness" under which the PERM
cious class Legislation, by which those
rich corporations have been in the last
quarter of . century inves'ed with such
extraordinary and dangerous powers, is
now becoming painfully manifest. 1t is
high time that the people had ordered 4
halt" in this false policy, and commanded
4 return to the true principe s Of Demo
cratic government. In response to the
progressive" policy, the party now in
power may we'll be invoked in the iol'ow
ing apt lines of Goldsmith:
| aye friends to truth, yeststesnen, who survey
The rich mans joys increase, the poor decay,
IT'S yours to judge how wide the limits stand
Between a splendid and happy land
News of the week
Navigation of the Chesapeake bay and
Patapsco river and the channel approaches
to Baltimore is still kept open by ice