The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-04-12
SUPERVISION OF RAILROADS..
Speeeh Of Hon. 0. II. Singleton, in the
House of Representatives February Is,
1852.
TIE QUESTION OF RAILROAD AND OTHER
MoNoPOLTEs PRESSING FOR CoNsiDERA-
TIox N CONGRESS AND STATE LEGS
TUREs.

/ Mr.. PEAKER-Railroad and other mo
! nopolies. their powers and duties, art
| questions attracting public attention to al
/ unwonted degree, and pressing for consid
4 Grafton in Congress and State Legislatures
! The public mind is fast becoming imbued
with the idea that tariff, transportation
/ telegraph, trade, and patent m0nopolies, as
now conducted, are far from being unmiti-
gated blessings; that they carry with them
power and influence which, being mis-
directed, are potent for evil, and, if left to
operate uncontrolled, society in the New as
in the Old World will soon be divided into
two classes, with wealth and aristocracy on
the one side, and peasantry and poverty on
the other.
Thinking men of every class will agree
that such a state Of society is not the best
attainable and while equality in wealth,
as in mind and morals, is not to De expect
ed, yet by prudent action on the part Of
those having power to interpose, and the
exercise of ordinary discretion and forbear-
ance on the part Of the more fortunate, this
inequality may be SO mitigated and soft
ened as not to oppress or chate the less
fortunate.
History is constantly repeating itself, and
one of the lessons impressed upon every
when wealth and power concentrate in the
hands OF the few and are used impEoyident
iy or pr0stituted to purposes of unlimited
selEaggrandizement, dissatisfaction, distress,
aud revolution are apt TO follow on the part
OF the many, eliminating in acts of violence
and destruction of property.
Daniel Webster in one of his speeches
used the following language:
The freest Government cannot long endure
where the tendency of the law is to create
rapid accumulation of property in the
hands Of few and to render the masses of
the people poor and dependent.
1t too often happens that when men grow
rich they grow selfish, and being removed
from the walks of poverty know but little
of the needs and sulferings Of the poor.
Upon such men the teachings Of history are
lost, and their eyes become blinded by the
wealth and luxury of their surroundings.
At this point OF antagonism between the
two classes it becomes the duty of govern
ment, to the extent of the powers vested,
to protect the weak against the strong, and
harmonic conflicting interests as far as
possible that society may suffer no shock
and the integrity of our institutions may
be maintained.
A C0MMON-LAW VIEW OF THE SUBJECT.
Bringing this question of railroad duties
and responsibilities to the test Of common
law and common-sense principles, aside
from any constitutional view of it, the
following points may be safely insisted
upon
First No railroad can be built in any
State or Territory without the consent Of
such State in the former or the consent of
Congress in the latter case. Being purely
artificial bodies they exist only by and
through an act of legislation, and have no
natural inherent rights, such as appertain
ta individual citizens, and therefore can eX-
erci>e no powers, except such as are speeif-
cally granted or clearly deducible there
from.
Secondly. Whether created by State
Legislature or by an act of Congress, the
eminent domain necessary for the construc-
tiOn Of the roadway must be granted by the
terms of its charter, and when granted is
taken subject to the limitation that the
road must be operated for the benefit of the
public to fair and reasonable extent,
and not alone in the interest of the com
pany.
Thirdly. The government, State or Fed
eral, as the case may be, or perhaps it may
be more proper to say the people, form a
quasi partnership with the company, each
taking stock in the enterprise the people
through their government subscribing the
rigi Of way through their domain, fire.
queutiy making grants of public land and
money subsidies, while the company fur
nishes the remainder of the capital necessa-
~ to construct the roadway, purchase the
rolling stock and other equipments, all to be
used for the benefit of both.
That this principle is correct will not be
doubted at this late day, since more than
two hundred years ago the most eminent
lawyer of his time, Chief-Justice Hale, of
England, laid down this sound principle of
common law. He says:
When private property is affected with pub
lie interest it ceases to be jurjs prirdtj only,
This decision has heen acquiesced in from
that day to the present, and has been re-
Gently reaffirmed by Judge Waite, our able
Chiet-J Justice of the United States, in the
case of Mum against Illinois. (4th Otto,
page 113,) in the following language:
When, therefore, one devotes his property to
a use in which the public has. an interest he
in effect grants to the public interest in that
use, and must submit to be controlled by the |
public, for the common good, to the extent of |
the interest he has thus created.
Fourthly. There being then two parties
interested in said road, the power to deter
mine their respective rights, in case of con- |
fiict, must be lodged somewhere, as law |
are agreed that there is no |
such thing as legal right without rene
dy.
This power could not be intrusted to an
company with any degree of
safety to the public interest, because the |
history of all such corporations, as we'll as
daily observations and experience prove ire
futably that each member of said corpora
tion feeling only a divided responsibility |
and animated by a zeal for the interests of
the company, loses sight Of any claim be-
longing to the public. It follows as a con-
that this power must be lodged in
the Government, which is the representa-
tive of all the people, whether individuals or
Filthy. To make this power effective, I
legislation either by State Legislatures or
Congress, or both, within their respective
spheres, may and often does become neees-
sary, leaving to State governors or the Pres
dent of the United States the power to veto |
hasty or improyident legislation, with the
reserved right to either party of appealing
10 the courts OF the country.
/ apprehend these assumptions are correct
and viii not be called in question. Upon
any other hypothesis railroad companies
would be left to follow their own interests
in their own way, to the injury of individual
rights and the obstruction, and if they SO
wiIled, the destruction OF interstate COM
merce.
Surely it will not be seriously contended
that the trainers of the Constitution took
from the States the power to regulate inter
state commerce only to lay it at the feet of
corporations. Was it suppos-
I'd that the States ehrough their Legislatures
we're less likely to foster and encourage such
than railroad companies? 10 in
Iulge such asupposition is to underrate the
of the makers Of the ConstitC-
ton.
Thus it will be seen that under the prin-
ciples OF the common law all corporations
which have dedicated their property to the
use of the public are required in its manage
nent to consult the public interest as well
Is their own.
But, as l will presently show from the
Constitution itself, there IS no doubt of the
power in Congress to control railroads, 50
lar as interstate commerce IS concerned.
The chief difficulties incident to the whole