The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1881-08-05

i EAy4 at0g W AtAs A1HkaNh& 8s2VVNga VIII
plan as means Of establishing law and
order in the upper part Of Scotland.
pTho first common labor Of the colonists
in our country was road.lnaking and
the road was public property. Roads,
Ike the other contrivances for the use
Of society, have had the benefit Of vaIi-
oua changes and improvements. The
dirt road, the turnpike, the plank
road, the tram road, and the stesm
| railroad, show the u ogress and develop
aren't Of our system Of highways. The
purpose was the same and the means
were changed 10 accomplish this pur-
pose In some better manner.
t. DRLEoATrs0 A PUBLIC. FUNCTION.
When the public Ioubd it burden
s6lIe 10 bulid foaas iw ceftain places
BY common labor, charters were grant
cd to companies, authorizing them 70
build the road, and have tolls for the
use Of It. But in al these charters tho
road was declared 10 be public high
way, and the pahlic reserved the right
of taking il, and throwing IL open 10
public use. upon certain terms named
in the charters. Every one might put
bis own vehicle on these roads aud use
them as public highways, raying Ger
tain tolls fixed by law.
Tue outcome or child Of the turnpik o
was the railroad. IL was the next step
in the system of highways. IL was
originated as the tram road or horse
railroad and grew into the steam rail
road. The frat charters were almost
literal copies OF the charters for turn
pike roads. They were declared 20 Lc
public highways, built for public use,
and the companies were authorized To
collect certain tolls as their compsnsa.
ton for furnishing the service. In
some cases il was provided in express
terms that the public might use their
osn rolling stock on such read, paying
certaia tolls for such nse. IL Was sl.o
declared in these charters that the pub
lie reserved the right Of taking these
roads from the corporations, upon Ger
tain terms specified in the charters.
The public and the corporations, by
granting and accepting these special
charters, agreed that thrse roads were
public highways, built for public use,
aud that the corporation held the PRO.
pefty ia truSt aud subject l.' snr'en-
der of it, when the actual outlay and
10 per cent. interest Ter hs.uni wss re-
paid TO IL. Laws wtrr mad. from
time To tune, recognizing lhia trust an
an existing duty, And Irqniring the
Legislature 10 see that the charges by
these roads We're regulated and when
necessary reduced. so that the animal
income should not exceed 10 per cent
npon the actual lnoney flruiEhed hy The
corporation 10 build and apsr~ts the
road. IL is 10 be noticeI that this 10
per cent. is not upon the capital stack
or capitalized property, b"t upon the
funds furnished by the stock holders.
their advances or contributions aud
not contribution Of the profits earned
by the road.
The railroad has superseded the
former kinds of highways, aud Is the
principal highway Of our country. II
is indispensable. We have nearly
100000 miles Of these highways, and
are adding some ten thousand miles 70
these lines at the present time. Al
the population expands and business
increases, these highways viii become
more and more indispensable.
The railroad Is the modern highway.
Shall it be q public highways Who
ahall own il | Who shall manage it
These are the questions which Mr.
Atkinson Discusses, and he claims that
the public have no more rights or gov
ernment power over this railroad prop
erty than over the private property o.
any farmer or other business men II
the country-that the railroads owl
their property as absolutely as th'
farmer owns his farm or the merchan
his goods.