Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1881-01-13
LETTER OF JUDGE BLACK.

Chamber of Comm cree recently pro
pounded certain inquiries to eminent
men in Yerious parts Of the country,
regarding the relations Of railroads to
the public and among the replies was
the following from Hon. Jeremiah
Black. Of Pennsylvania, which, as
embodying the opinion Of man who
has been the Attorney General of the
United States and Judge Of the Sup
RENE Court, has commanded wide
attention.
YoRK, Pa Nov. 16. 1880
Committee on RaiLoad Transportation
Of the Ne0 York Chamber Of Com
mcIce:
GENTLEMEN You propose a move
ment in favor Of some legal regulation
which will compel railway companies
to perform their duties to the public
on proper terms.
I wEff answer your questions as di-
eretly as possible, but without observ-
ing the order in which you put them.
You desire above all thinrs to be
just. The legally vested rights of
railway companies, like other rights
OF property, are sacred and no viola
ton Of them comes within the scope of
your design
But on his question railroad men
misunderstood their situation. They
believe, 70 pretend to believe, that rail
ways are the property Of the compan-
les authorized to run them, which is a
cardinal error, and the parent Of much
false argument.
\ public highway cannot be private
property, and a railroad laid out and
built by the authority Of the state for
the purposes of commerce, is as much
public highway as a turnpike read,
canal or nayigabie river.
is the duty of the State to pro-
mote intercourse aud trade, by making
highways of the best sort through her
territory. To this end she maytakeland
aud materials, which is an exercise of
the power Of eminent domain. She
can build a railway at her own expense,
using the direct agency of her own
officers, and after it is bnilt she can
make it free to all corners, or reimburse
the cost by special tax on individuals
who have occasion to use it. She can
delegate the taking and the taxing
powers to corporation or 4 uatural
person; and that is what she always
does when she grants railroad charter.
But in either or any case the road be-
longs to the State, and all the people
have a right to use it upon compliance
with necessary regulations and pay
ment Of the proper tax.
The Corporation who have got into
the habit Of calling themselves the
owners Of the railroads have no pro-
prietary right, title, or claim to the
roads themselves, but a mere franchise
annexed to aud cxercisable thereon.
They are the agents of the State for
performance Of public duty IF the
franchise be forfeited or surrendered,
or if it expire by cflux Of time, the
State takes possession of the road and
runs it herself, or employs new
agent The company cannot keep the
road any more than an outgoing col
lector of a port can appropriate to
himself the Custom House where he
did his official work.
The State, having need for public
highway at particular place, makes
contract with corporation to open
aa& put it in condition to be used; and
BY way of reimbursing the builders
and operators. she authorizes a tax
upon these who travel or carry mcr-
chandisc over it.
But this tax must be reasonable. Just,
uniform, prescribed and fixed, 50 that
every citizen may know beforehand cx-
actly how much he must pay. and so
that when he pays, or tenders the proper
amount he will acquire IN absolute and
perfect right to the use of the road
The amount of the tax. toll, or freight
in any case is not subject Of bargain
between the shipper and the corpora
ton, but a thing to be settled. fixed
and prescribed by public authority.
If the company may charge what it
pleases, then the road is not public
highway; the public has no right in it
ut all, aud the charter which authorizes
the taking Of land to baildit is uncon-
stitutional and void.
These principles were stated by
Judge Baldwin in Bonaparte against
the Camden and Amboy Railroad
Company & Bald. Rep, 252). You
will find more extended discussion
of them by the Supreme Court Of
Pennsylvania, in Casey against the
Erie and Northeast Railroad Company
g Casey's Rep, 2SD. l do not
think they are opposed by any high
authority, bat no donbt they have
often been overlooked in judicial decis-
ions and forensic arguments
The railroads being public property
in which all the people have equal
rights, and the companies that run
them being public agents, it is absurd
to say that the State has no right to
regulate and control them in the per-
Torrance Of their functions by such
laws as Will prevent partiality, plumber
aad extortian. This is power of