Daily globe., 1882-09-30

perpetual succession and have privileges
beyond all other corporations.
have recited these gifts for specif G
purpose. It is demonstration that railroad
are a 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 a rude, but
necessary awakening to the actual situa-
tion. The battle was sharp, but the result
was decisive, and the decision of the su-
prene court of the United States asserting
the power of the state to control these
corporations, was q victory like. that at
Runymede. .-..t-ff.,e7 F.-i,-+.
WHAT ARE RAILRoADs-THEIR POWERS AND
tr1f-o Gid DurIxsf r. 5~of' ese
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 a 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. 1siscIs g Z
When they accept charter from the
OF fa &c II,
the duties and liabilities as common car
riers. AS such they can be controlled by
statute, or even court of equity. 1t 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 their 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 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 blunders
to which we were committing ourselves
Our lines gradually increased, but the con
dition of a 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 tc
control the roads even to the schedule OF
fixed rates. Such laws were sustained by
the courts and the controversy seemed
closed. sa5' e.r5 ,,r- fet.T7, rs; s,r,-, -,s
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, il
seemed actually to Cypress them. So il
happened that the very next legislature
had their hearts softened, and the act o1
1874 was repealed March g. 1876 -
In vain I look into the railroad commits
sioner's report and the governors messag.
phenomenal transaction liz ozress,
The constraint of law was practically
withdrawn, though the power of tho state
to control was admitted. The laws at pres
ent { on d the statute q books . are si
little efficiency, and the roads have, been
left Comparatively free. Meantime ,oul
railways mostly passed into new hands.
With renewed pros perity, and new ii1mnnmi
grafton, they grew rapidly, New lines
were constructed, old ones improved, and
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. oderateI rates and dc
justly. Poor service and excessive charges
will not answer the conditions Of the hour
Since. 1s75. they have been practically left
to /, themselves. -. What has been THE
result pa ! Of this freedom q'fi Have
they inteliigently and honestly accepted the
position assigned them by theNcourtsl and
by the voice of public opinion, While thers
hasbeen steadyreduction in rates, the facts
will not war; ant such a conclusion. Hence
have said that our railroads are again en-.
tering upon career of lawless independ
| snce. There is no executive power now il
this state clothed with authority sufficient
to restrain them. They, are apprehensivs