The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-05-17


road charged presented by Mr.. George
T.cknor Curtis in the number Tor April,
This article, restricted to the single in
ouiry whether the legislature is compe'
toni TO change the schedule oil rates pre-
ecribed in a charter, is an interesting dis
custom Of thisyexed question, aud willbeot
interest to these investigating this branch
of the railroad problem. Mr., Mason, by
an Ingenious analysis Of the functions Of
a railroad and OF the powers Of q railroad
company, teens to clear away at
lssst somo Of tho confusion that
has hitherto embarrassed the dis
cussion Of the question about
chartered immunities" and thus enable
the general reader to obtain ideas upon
a aubjecl but little uuderatOod outside a
ANAL circle oilegal specialists
While the character and volume oil the
information he has pcpulAriasd and com.
pressed into ten pages Ct the RrieU may
not BIO susceptible Of further Condensa-
ton, its purport ia sufficiently suggested
BY the following extracts;
"a vague notion prevails that a Corpo,,
ration il clothed with certain underlined
attributes Of sovereignty, by virtue OF
which It has immunites entirely beyond
The reach OF an individual, Hence, every
day, we sec railroads commit wrongs the
nriyate citizen would not dare attempt,
while the ofliCerg OF tho law, daZI'ed by
the slupendous proportions Of the proper
~ and labor welded by these corpora
tions. perform their duty with the CrlnG
inc sefyiity Of constable who serves
wit upun his king, An illustration Will
remove this misChievous and wide spread
mi.apprehension: Suppose two companies
ara Organized to build holeli twenty
men associated as q partnership ana
twsnty ether men associated az corpora
lion. What ia the difference between the
JC,ras Of the two?
AS soon as we obtain q ClearCut Idea oil
what is imported by the term corpora
ration; ~ coon as we comprehend thSt "
means simply body endowed with Cet'
tain six faculties not possessed by a nat
urRl person." (suCh % the power TO nave
succession, to use common seal, elC'J
and with these faculties only as soon as
we understand that tho mere possession
Of these Elk powers constitutes that legal
entity called "a corporation, then we are
prepared to recognizes the proposition,
lint il a railroad has ny other power or
immunity not possessed by o factory CONF
psuy, or u lyCeum corporation, such pow
or, or immunity, Is due solely to the fact
that the Government has given to It some
particular prerogStive right which Is dis
tinct from, ia addition to It, and In no
wiee dependent upon, the corporate taCul'
ties. The charter OF factory company
contains q single clause, namely, q grant
OF the Elk faculties; tho charter OF a rail-
road company consists OF two distinct
paris, (l) q graut OF the faculties, viz ,
aclause creating the corporation, and (2)a
clause giving to the body, 80 created, pow.
or 10 do certain oil those things, (CIassed
Rs prerogatiyc rights,) which cannot be
lawfully done without legislative authori-
ty. We need not consider the corporate
faculties, because, as regards the power oil
the Legislature tO control the charges, q
railroad occupies precisely the situation oil
all individual to whom the Government
has given u power to exercise TWO, ana
only two, OF the pr1OgdtlrGSi to VII, emf
nant domain, Tor the right TO acquire lOI
he use of he community, against the will 81
the owner, such private property u.s. Ia
necessary for the public work which has
been undeTtsken) and the franchise oil
charging toll, Tor the right 10 exact price
for the use Of property which Is owned by
the public. ''' These corporations, oil
late years, proceed on the radically false
assumption, that In exOrClBing this iran.
Chise they are dealing with an item oil
private, or individual property, which
may DO managed with an eye single to the
peClniary advancement Of stoCkho lders
whereas, iu fact, the road must be con
duClOd and its charges regulated ms Will
la the judgement Of the sovereign, bCsl
promote the purpose fJr which 1t was Gre
Rled-tO furnish convenient means oil
transportation. The emolument OF The
corporation must be subordinate 10 THU
consideration. The modern railroad rule
ID TO make the ireights rs high as the trail
Tic will bear; the legal rule Is to make The
toll reasonable.
AT this point tho proposition is adj
vauced and elaborated by illustra
tiOn8 that railroad belongs TO the public
in the same manner that a street DO.
longs to a community, and that the right
OF a citizen to Use the railroad stands upon
the same basis as his right TO travel in hit
own boat upon river "IIsnCe, we have
this question: 1.-THE legislature grants tc
an individual the right to erect a gate
across the Hudson and exact toll from al
who pass, and the grantee, at bis private
expense, ereCts such gate, whether thu
schedule Of rate mentioned In the gran
may DO modified by subsequent legiBla
toni Such grant would consist Of two
clauses: First, The gift OF the franchise
aud second, legislative declaration o
tho amount OF toll to DO considered as rsd
Ionabts. This Last clause Is mere rule o
evidence, and, therefore, subject to legis
lative control. The purpose o
this second clause being 10 proteC! III,
community against excessive tolls
different forms OF expression have beet
employed, and the question iS, whether
in respect 10 the right Of the sovereign Il
alter the rates at the [supposed1 gate
there is o difference between the lega
effect Of these several forms OF expression
namely! The tolls should be reasonable.
THE Language Of GuCh grant, 1918 II
should be lawful for said company 10 erecI
tol.gales every ten miles and demand mol
exceeding ten cents per mile for transport
lug commodities [Charter OF Petersburg
road.vs. Acts, 1880. b. 30. We. Acts, 1889
Aud II the same legislative intent Is ex.
hibted in each instance, then We present
the question, whether the language THE
toll shall be reasonable, makes contract
between the State and the grantee OF such
gate, that the rates, which were declared
4 ii. 4. 4 a