The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1881-02-03
THE OTHER SIDE.
Stanford Says Railroads Are Not Pablis High
ways.

A few weeks since the EAGLE published
Judge Jerry Blacks answer to the New York
Board of Trade In which he held that all raj,
roads were public highways and subject to
Legislative control. We give this week an
answer to the same board from another
source:
Leland Stan ford. President OF the Central
Pacific Railroad Company, and an eminent
lawyer. answers questions propounded by
the New York Board Of Trade committee on
fares and freights. and also Judge Black
opinion. He starts out with the proposition
that the Declaration Of Independence clearly
enunciatcs the principles that governments
are instituted to secure the people their life,
liberty aud pursuit OF happiness. lie con-
tinues: Tariffs aud supervision OF commerce
and trade originated in barbarous age and
| sprung from robbery and rapinc. Ii the
| question Of railroad control were threatened
purely from legal standpoint, he would
have nothing TO say, because its stare dscisis,
the essence Of ownership, control. and value
Of property. consists in the profits derived.
lie refers TO the decision Of the Granger
cases and says there was violent assump-
ton of fact to sustain the ground taken that
the right Of the Legislature to control the
use and benefit Of the property Of private in.
dividuals, In connection with their personal
services, was TO be determined by the nature
Of the business or the number Of people with
that where n warehouseman does business
with large number Of people one man might
tax his entire capacity. There is, therefore,
no limits to the courts power over indivil-
uals. aud such \ decision contravenes the
fundamental principles Of government Mr..
Stanford, therefore. asserts that the Granger
decisions are fragrant violation Of the prin-
ciples Of free government. II was never in
tended that this should be a paternal govern
ment.
He then treats the subject in its poritico.
economic aspects; denies that railroads are
public highways, common carriers. deriving
their franchise aud existence from the pub
lie. Corporations are formed by individuals.
Stockholders contribute the property, and
the State no more creates them than il
creates joint partnerships. lie asserts II has
never been the practice Of railroad CON-
panies with which he is connected 70 dis
criminate Ia rates In favor OF or against any
or persons. They only consider
their treasury. They sometimes are obliged
to carry freight for less money for long dis
than shorter, and do 10 because it Is better
to make small profits than none. This Is =
universal business principle. The Central
Pacific Company also has some regard for
The development Of the country aud Is gov
erued somewhat by climatic difficulties en-
in the transportation. However,
raili Dad rates have been steadily reduced
i ork committee would have thought possi-
DE The higher the maximum rate the low |
r is the possible minimum. Given q Ger. |
ain amount to be earned aud the reduction |
Il the maximum necessarily increases the |
minimum. The great efforts made to reduce |
successful would inure to the benefit. not /
4 the isboriRg men. hut Of the business
|ucer. not the consumer.
lie has no objections 10 = commission to
INQUIRE into the questions Of justice between
arrier aud patron, hut does object to conn
nissiouers 10 exercise control over the prop
rty Of others. lie was not aware that COM
clifton is mainly surplantcd by pooling ar
Angcmeuts- Pooling reaches only IN the
trough business ola few roads. There il
o justice in limiting earnings. II Is the
onccrn Of companies themselves and no.
cdy's business whether the capital is in
reased or not. As to railroads contribu-
ng large sums 60 control elections that Is
either better ror wore than fer private In
iviuuals TO do the same. II railroads do il,
is because aggression and sclf-dcfcncc
rec them TO IL. II the roads are LEFT un.
amncllcd there viii be no work for The I