The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1881-04-14
A closer moral perception here
would help to legislation which

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the principle Of the private OW0eto0lp Oh
property. Mr.. Curtis asks the ques-
ton whether the right Of Legislative
control over the railways rests on
presumed dedication 81 the private
nruperty thereon TO D public use.
Whether dedicative or not, such prUp-
erty was superimposed on pre-existinG
public riRht-a right which can find ex-
preston in no other way than in the
regulation Of rates. Whoever laid down
money over such o right ought to be
charged with due notice Of the probable
complications resulting from his own
net. If a charter is contract, il is no
more sacred than an original right. II
the two come into collision, there u no
doubt which ought to give way.
It is suggested that we have followed
the Dartmouth College case to an ex-
trcme which is reducing civilization to
an absurdity. The Dartmouth College
case might have been good and whole
some law in it's day. Il may be good
and wholesome law now ina certain class
Of cases. tits still right to keep educa-
tional eleemosynary institutions, relig-
ious trusts. from political and Legislative
manipulation. But q new condition Of
thines-one never conceived Of by coun-
sci or court in the day when that case
was decided lis before us. To 60 on, ap-
rlying that decision to all possible cases
III the increasing complexities of our civ
ilization. is the Chinese wisdom Of the
perpetual imitation Of the thoughts
and the deeds Of the ancestors. There
is term We are using in science and
philosophy which ought to be brought
% the front in law in this connection,
differentiation. It is time that We
differentiated some Of the lines along
which the Dartmouth College case, in
the nature Of things, can not apply from
those in which il may. Think that one
line Of non-appllcability is plainly dis
cernible where charter is laid down ON
as radical a right OF man as the right OF
motion-the right to go to mill and to
market-the right to an even cnance
with everybody else in going to mill and
to market-a right which is presumed in
all the law regulative Of common car
riers. New conditions demand new law.
There seems to be no end to the fort
nnes which may be made by the con-
version Of this right Of the people to 9
private use. lle New 1OTK NtutIAl
railway and the Erie canal run side by
side. The canal has paid for itself and
now renders d revenue to the State.
There il no question but that the rslil-
way has earned as much revenue as the
canal. Yet, instead Of the cost Of its
construction being extinguished ont d
its revenues. the people are now COM
PEELED to pay rates 50 that dividends
may be made on capital stock at least
three times As large as the actual cost q
its construction. The people have paid
enough in rates to build the road and
pay for its equipments, and are nov
paving enough in rates to represent cap
ital sufficient to build three similal
roads, and the end Is not yet. Las'
winter the New York Legislature
gave to the railroad corporation
substantially the right to fix th.
amount Of their capital stocl
ut their own option. Look on this pict
ure and then ON this. The canal tn,
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