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

rtG oborra Gimes
PORT TOBACCO:
Friday Morning, January 18th, 1881
Legal Status Of Railroad Corporations
The question of the rights Of the State
and Federal Governments to exercise b,
means of Legislation a supervisory con
troll over the conduct of the various rail
road corporations of the country, and tc
tie charges for transpo tation, has
ly been brought before the public
through an interesting discussion
inent jurists, in commercial circles
the press. This is a question OF
practical importance to producer,
bnsumsrs in every section. To US
oducers of the Atlantic seaboard
who are wholly or nearly indie
hdent of railroad transportation,
wcd FRI IN standpoint of our immedi-
tests, it presents, however, an en-
rent question to that presented
bducing interests of the West.
bediate interests and theirs are OBJ
conflict. Just in proportion to
on of railroad companies in ex-
Kim fo~% -
= porfation of Western products to our East
tern market, to that same extent are eur
products enhanced in value and our inter.
ests subserved. Leaving the question of our
Immediate interests as producers, how
ever, the question of the power and the
privileges of these great corporations is
one Of much moment and great public
concern. No observing citizen can have
failed to feel ssme anxiety concerning the
manifest tendency of the present times in
this country, to the accumulation of i'm
nasnse wealth in the hands of the few, and
the consequent helplessness and poverty of
the masses. This most dangerous and un-
democratic tendency has been greatly en-
couraged by the policy Of the party now
in power, and every well conceived effort
toward counteracting it must enlist the
sympathy and command the cooperation
of all good citizens. 1t is in this aspect that
the question becomes more interesting to
US, and from this standpoint We propsee
to say word concerning it.
The present agitation of the question
arose out OF the action of the New York
Chamber o. Commerce. This body, hav-
ing in view the procurement of State and
Federal legislation for the accomplish
Ssent of the end in question, recently pro-
pounded certain inquiries to eminent men
in different parts Of the country regarding
the relations Of railroads to the public.
Among the repli.. ~-- long and COM
letter from judge r-remiah q
BLACK, of Pennsylvania, in which he taxi.
the ground that the railroad comp,n;.
have no legal property in the corpus or
the roaas they operate but "a mere fra,
chise annexed to and exercise BILE thereon ;,
and that they are the agents Of the State
for the performance of public duty.
"A public highway" says Judge Black,
in the letter referred to, cannot be pri
vate property, and railroad laid out and
built by the authority of the State tor the
purposes OF commerce, is as much public
highway as turnpike road. canal or nav
igable river The State. hav-
Tao need for public highway at partic,
place. makes u contract with cor
tation to open and put it in condition
be used and by way Of re-imbursing
e builders and operators, she authorizes
tax upon those who travel or carry msr-
handizs over it. But this tax must be
just, uniform, prescribed and
fixed, SO that every citizen may know be-
ferehand exactly how much he must pay,
and SO that, when be pays or tenders the
proper amount, he will acquire an abss-
Lutte and perfect right to the use of the
road. If the company nay
charge what it ple>ses. then the road is
not public highway; the public has no
right in it at all, and the charter VIII 'ch
authorizes the taking of land to build
it is unconstitutional and void. =
But on this question railroad men misun-
derstand their situation. They believe, or
pretend to believe, that railways are the
Hproperty OF the companies authorized to
run them, which is a cardinal error, and
parent of much false arguments.
Rs railroads being public property in
NJ tho people have equal rights,
bmpanies that run them being
tents, it is absurd to say that the
no rig hit to regulate and control
the performance of their functions
avs as will prevent partially
Ind extortion. This 10 power
No free State can disarm itself
act of iisjudicial, legislative or exc
officers. They could as lawfully
he State out and deliver up the entire
ulation to sack and pillags."
Judge Black then cites decisions of the
preme Court of the States of Pennsyl.
mia and New Jersey in support of hi,
Pition, and refers also to the decision.
the Supreme Court of the U itsd States
IN the "Grange cases" As recognizing the
| right of the States to control and regulate
the charges for transportation. He think,
the rights of the States to regulate these
charges upon railroads within their limits
and their duty to do 50, is clear; and
thinks also that the Federal legislature
should, in the exercise of its constitu.
tional power ITO regulate commerce be-
tween the States" exercise a supervision
in the matter OF regulating transportation
from one State to another, or through
o.hers. He admits that the companies
ought to be allowed to place the tolls high
enough to give eorDorationa . fair nroe.
on the capital they have actually invested,
and goes on to show how the legislature
in the exercise of ita snnerxi.;an conll a