The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-12-16
The Rock Railroad.
Editors Herald:

| dUttoTS HeTGtG:
Referring to your editorial in Friday'
paper regarding the Rock Railroad, I de
sire to add some remarks to what I wrot,
some time since when the subject VA
first publicly mooted. At that time ]
gave some reasons why permission oupb
not to be granted for the construction o.
the road; it is not necessary to repeal
them. Sut as tbs company proposing tc
construct the road has made formal an.
plication to The City Council for III /, RIG b,
of way, and as the committee to which
the application was referred, may be ex
pected to report at an early day, it NAV
no. be out OF place to reply to the peril
nent question put by The HERALD
(which, however, would have been i'm.
pertinent if put by the RAILROAD corpora
tion)-"How are you going to proven,
|n?'
TIE HERALD seems to assume
that the rsilrosd company can. Il
if it is So disposed, rpn its tracks and
cara along the streets in question, de.
spite the opposition on the part of the
City Council and the people.
1t strikes me that TIE HERALD. a:
champion Of the people, has in this in.
stance Buccum bed 10 the corporation, in
advance Of the horn Of defeat: that its
colOrs sre struck before the first shot has
been fred.
1t cannot, however, be presumed that
all persons will take the same view D.
as The HERALD has given to the public
its view on this point, / hope it will
allow me to sugges. my belief in an OBJ.
posite theory, and permit ne to make il
nublic. bearing in mind ali the time tbx,
do not claim to be an oracle; and at the
same time, wish to say that my opposi-
tion-however fruitless it may prove
lis based upon desire for tbs
public benefit, and not because of any
hostility to the railroad company
1t is doub less true, as THE HERALD
says, that the Teri itorial law gives rail.
way corporations very large powers in
auch mstseTs-lsrger than it ought to
give, eve on paper, and nue. larger !
think than it has the power to enforce.
There is no doubt that it was intended to
confer on such corporations, ample
power to construct such public rail
roads as might be essential to promote
the welfare and prosperity of the people
of the Territory, the constituency of the
members OF the legislature; therefore it
was made possible to obtain the right of
way for such roads, because it was sup.
posed they would be conducive Of public
benefits. But have looked in vain for
8 y provision of the law by which pub.
lie property {could be taken for private
user. Indeed, il the Legislature had
made the attempt, think it would have
been futile, because the law under which
that body exists does not confer upon it
any such power. aud If it had made the
attempt, it too would have proved o
failure, so long as the Constitution con.
tinues to be the supreme law Of the
United States.
If understand the object proposed By
the construction of the Rock Railroad, il
is to enable corporation to build such
road for its own private use, to do which
it asks the City Council to give it the
right of way through, across and over
certain streets within the limits of In
city, besides some other property These
streets land other lands) belong to the
public and are not the property of the
City Council, this body being merely
the agent of the public, and having BY
law, a supervision over them, and 10
this agency it becomes the duty of that
body to guard with jealous care the inter
ests Of its principal, aHd this uty have
no doubt the mem bers Of that body desire
to perform, ard for this reason I pres UNI G
they will carefully examine all the fea-
lures OF the case and grant or refuse the
request of the petitioners IS to them may
seem legal. just and proper.
Should the petition of the railroad com
pany be fsYorsbly considered (Which 1 dc
not BELIEVED, the opponents of the meas
ure can test the legality of the proceed
ing in The court, or should it be refused,
which l confidently hope and believe,
then the railroad company can fall back
On the territorial law providing for the
incorpors ton of railroad companies, or
such other law as it believes will enable
it to construct the read, "despiie the OPP
position of the Council and the pc pie, -
in which case the entire question Of the
rights of all parties would be heard, and
a legal (not newspsper) opinion obtained.
In conclusion, this is how pre- ume
the people opposed will try to prevent the
construction Of the Rock Railroad.
First.-They will probably present to
the City Council remonstrance pro
testing against the construction OF sold
road.
Seeord.-ShCuld the Council, contrary
to the remoDstrance of such oppou ents,
grant to the petition ers the right of way
asked for, then l think it ress enable to
suppose that an injunction will be asked
from proper court, possessing adequate
jurisdiction, restraining the company
from constructing said road, ard in this
way the question whether the corpora
tors are Independent of the people, would
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