The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-02
RAILROADS AS HIGHWAYS.
Judge Black Discusses the Question
II a Letter.

| lar ASKING their opinions OF some Of th
chief points involved in the problem G
railroad transportation, Judge J. 5
Black wrote the following letter in n
ply, which we have reproduced at tn
request of many readers. 1t is needles
to add that it is an unbought opinion
and its author is the master mind an,
ablest jurist Of the American bar:
TEXT OF THE LETTER.
YORK, PA, Nov. l6, l88O.-Commi,
tt on Raiiroad Trnnsportatioa Of the Nca
York Chamber IF Commerce-GENTLE
MEN: You propose a movement in favo
! OF some legal regulation which will com
pei railway companies to perform thei
duties to the public on proper terms.
will answer your questions as directly
rs possible, but without observing The
order in which you pnt them. You dc
sire above all things to be lust. The
legally vested rights Of railway compa-
MES, like other rights Of property, arc
sacred, and no violation Of them comes
within the scope of your design. But
on this question railroad men misun4tr-
stand their situation. They believe,
that railways are the property of the
companies authorized to run them,
which is q cardinal error and the parent
OF much false argument A public hjgh-
way cannot be private property, and a
railroad laid out and built by the au-
thoflty at the State for the purpose of
commerce, Is as much Il public high
way as Il turnpike road, canal or naviga-
Bile river.
1t is the duty Of the State to promote
intercourse and trade by making high
ways OF the best sort through her terri
tory To this end she may take land
and materials, which is an exercise
OF the power of eminent domain. She
can build q railway at her own expense,
using the direct agency of her own off
GERS, and after it is built she can make
1t free to all corners, or reimburse the
cost by special tax on individuals who
have occasion to use it. She can dele
gate the taking, and taxing powers to a
corporation or natural person, and that
Is what she always does when she grants
a railroad charter. But in either or auv
case the road belongs to the State, and
all the people have a right to use it as
common property upon compliance with
necessary regulations and payment of
the proper tax. The corporations who
have got into the habit of calling them
selves the owners of the railroads. have
no proprietary right, title or claim to
the roads themselves, but mere fran
chlse annexed to and excrcisable there
ON. They are the agents of the State
Tor the performance of Il public duty.
If The franchise be forfeited or surreu-
dered, or it it6xpire by ctllux of time.
the state takes possession of the road
and runs it herself, or employs new
agent. The company cannot keep the
road, any more than an outgoing colIec-
TOR OF a port can appropriate to himself
thctcustom house where he did his Off
cial work.
RELATIONS BETWGEN CORPORATIONS
AND STATE.
Tho State, having need for public
highway at particular place, makes a
contract with a corporation to omen and
put 1t III condition to be used; and bv
way OF reimbursing the builders and
operators, she authorizes q tax mon
hose who travel or carry merchandise
over it. But this tax must he raoenna-
Dle, Just, uniform. prescribed and f;vad
o that every citizen may know before
land exactly how much he must INV
md SO that when he'pays or tenders ~
roper amount he viii acouire m aLan-
ute and perfect right 10 the nsc of tbo
Dad. The amount Of fine tay to1l nr
reight in any case il not .mh;ont "
,argain between the simmer and nj tho oo W.
,oration. but thin~ ia he Solid az al WV,
nd prescribed by public authority IF
he company may CHARGE whot;t ,,ioasos
hen the road is not while bin 1.Sn,rs'
he public has no RIGHTS in II at I'll onj
he charter which anthori@es t =. ''t taI anu
+ land to build Il is Observation-Disclosures Si4 Vt;N,i
nd void. These nrincinies woro oN stotnd
v Judge Baldwin in Bpnanart lo oo $500
heNCa9den and Ambag I'M; n. W i'e 5sl'
any, q Bald. Rem 255, Yn ,9, VIII I Gm1
more extended discnsaion of tb b,, Inv ~,
he Supreme Court of pnnnovlrania ~
'asev against tho Fr;a and NJ ~ -.
railroad Comnanv - Casor 9. ''1 B"s
sly. I do not th;1t thov aso ,,, Mp
V any high authority hnt ~, ~ op 5oEIt
nov have ofton No., ~ ~ Ho"nV