The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1881-02-03
sTANrORD's WILD MANIFESTO.
| From TIE Chicago IriLun

STANTORD'S WILD MANIFESTO.
From TIE Chlcago IrILunel
Mr.. Leland Stanford, President Of
the Central Paciiic Railroad Company.
IN his recent publication rs the chief Of
that great monopoly, puts tho Govern
ment and people Of the United States,
and the Legislatures Of the several
States, and tho laws, constitutions and
courts, insolentlynt defiance, and claims
for his corporation an entire immunity
from all power and control. He claims
that the railroad corporation Of which
he is the head is a private concern
that the property and business Of the
corporation are the prooerty Of the
stockholders, and insists on the abso-
llltencss Of the principle that private
property is sacred, and that man can
do what he pleases with his own. He
asserts that 1.-THE supervision Of COM
merce and trade originated in bar
barotis age. and sprung from robbery
and rapine.
OF course Mr.. Stanford il confronted
by the unanimous decisions OF the Su-
premc Court n various cases in which
the power If the States aud ilc General
Government to control and ,gulate the
manner Of operating corporate or per-
sonal business is affirmed, and the
power to protect the public against un-
just exaclinns in the way Of tolls and
railroad fares is asserted as inseparahle
from the powers Of Government. Mr..
Stanford disposes of these judicial le-
cisions as founded on violent assump-
tions Of facts, and ms contravening the
fundamental principles of government,
and "are fragrant violations u the prin-
ciples Of free government" He also
denies that railroads are public high
ways and common carriers.
As these aye questions which have
been indieially determined for many
wears, both in this country and in En-
gland, and as there is hardly an excep-
ton in the long line ii decisions, Mr..
Stanford evidently proposes to appca
from the judiciary of the civilized world
to the Board OF Directors Of his railway,
or perhaps t. the management OF the
combined railroads Of the country. It's
attempt to control Congress by the elec-
lion III its own attorneys ID the Senate
and to the House is notorious, and the
success of that attempt is witnessed by
the regularity with which the craven
House Of Representatives r, fuses to per-
nit vote Oh the pending bill Ut Mr..
Reagan.
II Is sufficient to say in reply to Mr..
Stanford's legal argument that all his
positions are notoriously false in every
particular. There is no point better cs-
ttl,lished iii British aud American law
than chat all private rights are held
subordinate to the general welfare and
security, and that no man can exercise
| any private right to the ictriment n in
jury Of the general public. Ali personal
rlghs $ IRE held on this principle. The
State may Deprive man oi his prop
! crty, his liberty, and even OF his life by
due process Of law when necessary for
the protection or preservation Of public
interests. Ii the suburdination of pri
+ yate rights to the public welfare he thus
complete. by whnt authority can cor
| poration---:l creature of the law lain
III immunity not permitted to the indi-
vidual citizen? Judge Jere Black, in
! his recent letter, stated this branch ot
the question most clearly when he sail
| I'll, lcs; ily.sgstcl IL hts Of railroad com
/ palies, hike otl,r hit Of property. are sacred,
aud no yio at an ui them comes witln the scope
i or yoar design. Bul on tits question railtoad
men misunderstood their situation. They hc-
lieve. or pretend believe. That ra.lN ys are the
property of the conpan es authorized to run
them. which il Il cai linal error and this y rent
t.Nf NAH, falx n ~ IA 4
] cannot be private property, aud rai road laid
| out anu but by the authority of the State ios
/ tile purpose .. commerce Is rs much public
! highway as turnpike road. eanal or naygabie
river.
| Judge Black claims it is the duty oi
the State to provide highways for inter-
co,nsa and trade, and for this purpose
can make Il contract with a corporation
1 to open and put sach road in operation,
I uni to reimburse the builders and op.
orators may authorize Tux on persons
and merchandise carried. He then adds
/ The amount oil this tax, toll or freight in any
cast il not subject of bargain between the
\ slipper aud tie corporation. hnt thiaS TO be
s.tlle.'. liked and prosecuted by pubic author
! ltv. Ii the company ma, charge " hat It p!eascs
then the rostl is not pubic highway. tllt
lutlic has Ga rights in il ut all, and the charter
] ahlca nhori2es tho taking Of Land to build j
i unconstitutional and Void.
The Suprem. Court, III the so-called
.sirangcr cases, covered I'LL this ground.
IN tlis ease involving the power Of the
State of Illinois to M by law the maxi
mum If charges for the storage OF grim
I in the elevators in Chicago, there was .
| thorough discussion Of this whole Ques'
ton. The CONT in that case affirmed
/ the definite ON that ~ body politic is q
social compac. by which the whole pco
nle covenants with each citizen, ant
each citizen with the whole people, tla'
all shall be governed 10y certain laws
for the common good Under thes.
powers, the court says. s'the Government
regulates the ccnaur. Of lis citizens On,
toward anoth,r, aad the manner il
which each shall use his own property
when such regulation shall hecom,
necessary for the public good. Unde
tho common law. !. WIS said by Chic
Justice Hale. 300 Years ana more ago
thai, when private property IS "attectet
with public interest, 1t ceases 10 ID
private property onlv." and the Su
preme Court says that "this has beel
accepted without objection rs an essen
Jlal cIcllGnt III TIC INV M IutptltS SNe
since" The principle is sustained b,
numerous dec sions Of the cou,t. U
m English statute i'll the time If Will
lam and Nary is prtiixed q nreamb,
which sug:e>tiv.lyrec recites that. "Where
us, divers waganers and other carriers
hy combination among themselves, hav
raised the prices of carriage Of goods j
may ilaces u excessive rates, 70 III
great ininrs ii trade, therefore, ctc.
Tho court. having stated that Il,
uanhouse M II OF iai,ago We're ei
ens,a III Il bssincss in which the lul'ii
! Merl. interested. and, Therefore, suhict
IL lepi ,latise regulation. thus lays dow
. the eeueral principle as to ie power .
: tbc STATE IA make and alter all sltl.