The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-01-26

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poration to open and put 1t in condition
TO be used, and by way OF reimbursing the
builders and operators she authorizes
tax upon those who travel or carry mer-
Chandise over 1t, But this tax must be
reasonable, just, uniform, prescribed and
fixed, 80 that every citizen may know be.
iorehand exactly how much he must pay,
30 that when heIpays or tenders the proper
amount he will acquire an absolute and
perfect right to the Use OF tho road. The
amount OF the tax, toll or freight in any
case is
NOT A SUBJECT OF BARGAIN
between the shipper and the corporation,
but a thing to be settled, fixed and pro-
sCribed by public authority. II the com
psny may charge what 1t pleases, then the
road is not public highway tho public
has no right in it at all, and the charter
which authorizes the taking OF the land to
build 1t Is unconstitutional and void
These, principles were stated by Judge
Baldwin in BonRparte vs.. the Camden 4
Amboy Railroad Company Il Bald. Rep
252.) You will find more extensive dis
Cussion Of them by the Supreme Court Of
Pennsylvania in Casey vs.. the Erie and
Northern Railroad Company e Casey's
Rep, 2S7.) do not think they are opposed
by any high authority, but no doubt they
have often been overlooked in judicial dc.
Cisions 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, 1t Ia absurd TO say that the
State has no right to regulate and control
them in the performance OF their iunC.
tons by such laws as will prevent partial.
ty,plunder and extortion. This is pow
or OF which no free State can disarm itself
by any act Of its judicial, legislative or
executive officers. They could as lawful.
ly sell the State out and out, and deliver
up the entire population to sack and pill.
lage. But are not the franchises property
in which the company has vested right?
Yes. The privilege OF taking q certain
fixed, prescribed, uniform, reasonable rate
OF toll from all persons alike according
to the use they make Of the road Is power
the State may bestow upon any person,
natural or artificial. But no lawful fran.
Chise to take toll on public highway can
exceed those limits. A charter that goes
beyond this Is void. Those companies
will oppose any effort to bring
them down to reasonable rate
with the argument that such reduction Is
A VIOLATION OF THE CONTRACT
between them and the State. But on the
principle laid down by Judge Baldwin, in
the case above mentioned, a charter 10 in.
operative which authorises a maximum
oil toll or fare 80 high that the company is
able without exceeding II to exclude the
people from using their own road. In tho
Granger cases from Iowa and Wisconsin
the bargain was that the companies might
fix their own rates. But the Supreme
Court OF the United States held that q sub.
sequent law to retain them within reason.
able limits was no violation OF the original
contract. This prinCi pie applies to com.
pany whose maximum rateis unreasonably
high, because such a rate is practically the
something as no Limitation Rtiall. The con.
Clusion that all tho railroad corporations
in the country may DO Constitutionally 70.
strained to reasonable and just charges Is
not merely drawn from the fact that rail.
roads arc public highways. II they owned
the corpus Of the road and used It in the
business Of q common carrier they might be
compelled TO behave themselves Justly to
all their customers, and submit to any
regulation for the public good. The un
answerable opinion Of Chief Justice
Waite in Minnesota vs.. Illinois tot 4, p.
13) settles that. The reasOnRbieneBs Of
the freight tolls or taxes that may be
charged upon any railway will depend on
the expenses Of running and repairing 1t,
or the cost OF construction. This latter
will, Of course, be the principal element
in the calculation, for the tolls ought TO be
high enough 10 give the corporation a fair
profit on the capital they have actually in.