Daily globe., 1882-09-30


| beyond all other corporations.
/ have recited these gifts for spec ific
purpose. 1t is demonstration that railroad
are quasi public property. Sheltering
themselves behind the Dartmouth college
decision, the railroad magnates, for years,
set public opinion at defiance. The roads
| were managed as personal property, and
| the whole system abounding in cor
ruption, arrogance and reckless discrimi-
nation. The granger era was rude, but
necessary awakening to the actual situa-
tion. The battle was sharp, but the result
was decisive. and the decision of the su-
preme court of the United States asserting
the power of the state to control these
corporations, was victory like that at
Runymede.
WHAT ARE RAILROADs-THEIR POWERS AND
DUTIES?
But still, Notwithstanding the supreme
court in the granger cases had settled the
relation between the parties, there are yet
railroad managers who hug the delusion
that such property is strictly personal
one, and is to be administered solely as a
private trust. The enumeration of grants
above recited, carries with it the conviction
to every intelligent mind that they are
quasi public corporations, dedicated to the
public use; that their management is a
quasi public trust. They are created to ex-
crcise the functions and perform the duties
of common carriers.
When they accept a charter from the
state, with its privileges, they accept also
the duties and liabilities as common car
riers. AS such they can be controlled by
statute, OF even court of equity. It is
their business to receive and forward all
goods and produce consigned to them in
such manner that every citizen shall en-
Joy equal privileges and facilities in their
use. They have not one particle of right
to discriminate among their patrons They
are entitled to reasonable consideration
for the services so rendered; and are also
entitled to make and enforce reasonable
rules to secure this equitable service to
the general public.
There are fundamental principles, and it
is from this stand point they should be
treated in our daily business and in the
halls of legislation. Railroads should be
educated to the limit of their powers and
taught to respect the rights of the public.
If they will not comprehend the situation,
and do these things voluntarily, then the
sovereign power of the state must be in
voked to compel them to the letter of their
trusts.
HOW HAVE THE RAILROADS ADMINISTERED THE
TRUSTS!
Have the railroads in this state honestly
and fairly administered thoir high trusts
Has every citizen enjoyed equal facilities
at the hands of our common carriers!
am constrained to say that our rail-
roads are in a comparative state of lawless
independence, each appearing to be law
unto itself.
The history of the situation is briefly
this: In our early eagerness to construct
railroads we recklessly lavished upon them
lands, bonds and charters; we were gov
erned by no principles of political econ
omy; we felt only the necessity of this
modern means of transportation.
We were blind to the errors and blunder.
to which we were committing ourselves.
Our lines gradually increased, but the con
dition of new country pressed them and
they earned money as best they could. The
roads gradually lost all regard for their
duties to the public. From about 1866 to
1874 our railways were run as private en-
terprises, and the most irritating and
wrongful Irregularities were COM
mon, very natural results followed.
The granger movement assumed force,
and the people asserted their rights, pos
sibly with too much vehemence, but the
result was the act of March 9th, 1874,
in which the state undertook to
control the roads even to the schedule of
fixed rates. Such laws were sustained by
the courts and the controversy seemed
closed.
Meantime the mania for railroad con-
struction had exhausted itself and the
crash of 1873 came. Most of our lines,
unable to sustain themselves, went into
bankruptcy. The granger legislation came
to control them at the wrong moment.
In their generally helpless condition, it
seemed actually to cypress them. So it
happened that the very next legislature
had their hearts softened, and the act of
1874 was repealed March s, 1875.
In vain look into the railroad commits
sionsr's report and the governors message
of that period fer some account of this
phenomenal transaction.
The constraint of law was practically
withdrawn, though tho power of the state
to control was admitted. The laws at pres
ent on the statute books are of
little efficiency, and the roads have been
left comparatively free. Meantime our
railways mostly passed into new hands.
With renewed prosperity and new immi-
grafton, they grew rapidly. New lines
were constructed, old ones improved, and
a vigorous advance has been made in the
whole system. They have emerged from
depression, and have become rich and
powerful. They can no longer plead their
inability to grant moderate rates and do
justly. Poor service and excessive charges
will not answer the conditions of the hour.
Since 1875 they have been practically left
to themselves. What has been the
result Of this freedom! Have
they intelligsntly and honestly accepted the
position assigned them BY the courts and
by the voice ofpublie opinion. While there
has been steady reduction in rates, the facts
will not warrant such conclusion. Hence,
l have said that eur railroads are again en-
tsriAg upon career of lawlsss indspend-
ence. There is ne executive power now in
this state clothed with authority sufficient
TO restrain them. They are apprehensivs