Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1881-01-01
STATE REGULATION OF RAILROADS.
From the Lexington, Mo-. Register.I

IErOm the Lexin8tOuS wo's |
9Th. democrats take the ground that . rail-
road is 4 public highway. and therefore cannot
b. priva,- property. How about The toll on pike
.ads. which the people OF all states nave paid
for the past century II these roads were pri-
vate property, and ut the same time public high
ways, are not railroads, built by individual
capitalists. or corporations. also private prep
ertyq In saying that they are not. is it to be In
fsrred that the democrats Of Missouri desire TO
drive capitslists from the statea Let the lntsllt-
gencer answer this question:"
There is not much sense in the above
question as it 10 put, but a. it opens q
subject Of interest to the public 1t will
answer for . text. For "the denocrats'
ignorantly lugged in above. should have
beer stated Hon. Jers 8. Black. who re-
Gently laid down the broad principle
that..a public highway cannot be private
property, aud . railroad laid u and
built by the authority OF the state for the
purposes of commerce IL a. much . pub
lie Highway a. = turnpike read, 9
or nAvigabls rivsr.' The reply
illustration OF toll collected on tuI
roads, il taken without credit
Geo. Ticklor Curtls' 4
Black. 1t was u
is weaker
cra,id Ssme advantage.
The living capital out Of the
state a old artiacs that railroads.
slsyaesfs and basking Institutions al.
ways raise Whsa there is . question OF
regulating them BY law. 1t has long
since ceased either to brighten or con-
vince. We do net know that the quss-
ton of regulating these institutions 10 =
party question. It has generally been
true that the democratic party has been
with the people ~ opposed to tho az
grsssions Of corporations. but 1t 10 also
true.tnat in republican states, notably
Illineis and Iowa, the right to regulate
certain corporations has bsen asserted
by the people. impressed upon state
legislation, and supported BY the United
States supreme court. Still,if the issue
10 presented al to whether or not the
state and the United States have the
right to regulate railroads within the
states and Interstate, We are perfectly
willing that the party with which We act
shall take the affirmative position. W.
care nothing about the hair splitting
theory OF Mr.. Curtis regarding what 10
and what il net private property. We
believe Judge Blacks position TO be
correct. because Whatever may be rsgu-
lated by the state really ceases to DO
private property. while on the ether
hand it may DO held that ~ the railroad
corporation hslds all the chsses IN ae.
tion of the franchise. and is only gov
erned By the state as to certain Of it's
acts, that, therefore. the road IS private
property. We do not hold a settlement
of these particular theories to DO necessa-
ry to q conclusion regarding the main
psint at ISSUE. The broad question IL
this: Are railroads such private prop
erty that the corporations which control
them may do with them az they please +?
We hold that they are net and the mere
statement of the proposition seems to
furnish the answer. No one would for a
msment dispute the right of the state OF
Missouri to enact the law which 10 upon
her statute books requiring railroads to
maintain their bridges and tracks in
such condition that travel over them
shall be safe to life and limb. Judge
Black well says:
.'If railroad corporations have the unlimited
power which they claim. then all business is 81
their mercy; agriculture. commerce. manufao-
lures must suffer what they choose to inntct
They may rob labor of the bread 1t wins and de
prive all enterprise Of ,ts just reward. Thougi
this power does not belong to them legally. ths>
have been permitted to usurp it. aud 1 nssd NO
fell yeu that they have grossly abused 1t. W
know that they make their exaolions with an ey'
single to their own advantage. without consid
ering any right or interest Of the public. Tho!
boldly express their discrimination to charge q
much as the trafac will bear; that 10 to say, the.
will lake from the proats Of every mans busi
ness as much a. can be taken without compelling
him to quit it. In the aggregate this amounts t
the most enormous, oppressive and unjust Ia
that ever was laid upon the industry Of any peo
pie under the sun. The irrsgularity with whio
this tax is laid makes 1t still harder to bear. Me-
20 into y business which may thrive, Ut prssen
rates, and will ind themselves crushed b
burdens unexpectedly thrown upon them ate
they get started. 1t 10 the habit Of the rallroa
companies to change their rates Of transports
ton often and suddenly, and In particular I
make the charges ruinously high without an
notice at all. The farmers OF the great west hay
made 3 large crop Of grain. which they may %
, at lair prices if they can have 1t carried to Ii
eastern ports. even at the unrsassnably his
! frsights Of last summer. But just now 1t ia sal
that the railway companies have agreed mon
themselves to raise the freight I've cents p,
hundred weight, which il equal to an export to
upon the whole crop OF probably GIL, o00, 0e'
The farmers must submit to this highway rol
berry or else keep the products of their land
. rot on their hands. They submit, OF course.
> all other classes of industrious people submit
similar impositions. Common justice inper
lively requires that frsights beAxed, settled AZ
prescribed by law. and that they be not chang,
d at the mere will Of the railroad companies"
And so say We. Herein il 70 I
found the answer to the cry OF drivin
capital out Of the state. If the altern'
;, i've be such strict regulation As real
to prevent, fer a willis, the building
new reads; or the arbitrary fixing /
IS the roads which exist of such hiG
rates as to make OF our farmers peon
working solely for the enrichment
I; the corporations, then We are for Il
regulation; but VI do not believe tn
:, regulation means injury to the railroad
The enormous sums which ssme
these corporations admit that they cal
!" arc but = 1.-THE of what they really car
l. In q few months the stock of some
q the roads is almost doubled in perm
nsnt value; in others. additional stock
issued. in immense sums, to esnsur
surplus earnings; their managers q
8, made m%illlonaires yearly, some Of the
even oftener. These profits are Z
legitimate. They are wrung from t
as people by extortion. How can this
a remedied2 In only one way +; and tt
er Is by regulation by the state. Has
lis state tho right to de this? Let US see.