The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1881-01-01
JUDGE BLACKS LETTER
AGAIN.

ments and objects. since then, Geo
T.. Curtis has written and published
his rejoinder to that letter, taking is
sue, and differing with Judge Black
rs to the law, on every proposition of
Judge Blacks. 1t does seem strange,
Indeed, that two men so eminent in
their profession and of such broad
and conservative craftsmanship as
they, should differ SO widely and rad
ically, as to the powers of the State
or Federal Legislation over Railroads
built by private corporate capital
alone. And it does seem to us that
it is useless to attempt any other So
luton Of the difference, than that
they each view the matter from diff
ferent standpoints, superinduced to a
great extent, by SELF interest present
or future.
Judge Black argues and tries to
maintain:
1st. That all such Railroads are
public highways and property, as
much as turnpikes or navigable riv-
cls.
I'd. That because they are public
property, the State and National Leg
islatures may control them at will, by
fixing such reasonable rate of tolls
and charges as they may think
proper.
Sd. That such Companies OF corpo-
rations are mistaken when they sup
pose they otcn their Roads; for that
the State owns them, and the corpo-
rations and individuals who built
them have no right or ownership in
them, save and except the mere right
to run them for the benefit of the
public, and upon such terms as the
Legislature may declare.
4th. That when such Companies or
corporations forfeit their charter or
franchise, the road reverts to the
State, and she may take charge of
the Road and run it herself, or APP
point new agent to run it for her.
9Th. That where such Railroad car
lies freight or commerce from one
State to another, Congress may take
charge of and control the Road, un-
der the pretence or plea of regulating
er-State Commerce.
Mr.. Curtis denies each and every
one of these propositions in to to-.
He argues and tries to maintains:
1st. That all such Railroads are
but pirate property, and have no
similarity to either turnpikes built
by the public, or to navigable rivers,
made by natures God, and by inter
national law, declared public high
ways.
I'd That because they are such
private property, the State Legisla-
lures cannot in any manner control
them or re gulate their tolls oil charg-
es, unless she did SO by her charter,
or reserved the right thereby to do Sc
in the future, that the charter is a
contract between the State and cor
poration or company, upon which nc
ecpost .facto limitations can be ell
grated by the State, without the as
sent Of the corporation, without i'm
pairing the obligation of the con
tract.
Sd. That the corporation or com
pany does own It's Road, and that
when it suffers its charter to be for
feited, everything pertaining to the
Road, less the franchise itself, remains
the property of the corporation, OIL
its creditors, and that nothing would
thereby 90 to the States but the sim
pie privilege Of the company to run OF
operate the road that such roads have
quasi public character or function
as common carriers, and nothing more
4th. That as sequence of his
third proposition, the State can I'M
der no circumstances take charge Of
the Road or run'it, or appoint anoth
er agent term it for the State.
9Th. That no Department of the
General Government can under any
circumstances take charge of or run
or control the Road, me-. .ser as private
property nor as State property.
Now allow us,as an American. free
man, land without presuming to meas
nre blades with these two eminent
legal gentlemen, to say that we dis
sent to each and all of Judge Blacks
aforesaid propositions, except part
of the second one; while we freely
assent to each of Mr.. Curtis propo
sitions. except a part of the second
one And Ua hold that aa in noO-