Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-05-24
raE NEw RAILROAD DECISION.


The decision upon the responsibilities oi
the railroad 70 the governments Of the States
through which they pass, rendered by the
Supreme Court of the United States two
weeks ago, exeites strong attention, as ons
more fundamental and important than any
that has come from that court for a long
time. The railroads had in many instances
made claims which, if ratified, would have
laid the people helpless at the feet Of cor
porstions capable of showing little mercy to-
ward those who We're in their power. But
such fright 10 do wrong" cannot exist under
our constitution of freedom and justice, or il
it is found there the American people have
shown hey will cut it out, and do it with the
sword if need be. The ultimste srbi,er in
cases OF difficulty, has decided that the
railroad is the creature OF the State that
created H. and that it can have
no rights but what the State
csnfsrs, and when conferred they may be
modified or revoked when the State Lesisla-
ture comes to the conclusion that the public
good rsqnires it. The railroads are the SER
wants of the people, not their masters. The
State has power TO regulate the rates 10 be
charged on freight. ard passengers, and when
one Legislature grants a road power 10 fix i's
own charges that act does not bind the hands
or restrict the authority Of any succeeding
Legislature. Grants restricting or suspend
ing the Legislative power Of State, the court
decided, must b. construed strictly and
never be assumed as existing. All this is a
bsen most obstinately asserted and strongly
defended, but it is consistent with the minds
Of the people and the liberties they assert
and m MAINTAIN for themselves. No longer can
a body deriving its existerce from the State
assert the poHer to use what the State has
conceded agsinst the State itself, and
to the detriment of the peoples welfare and
OF their commercial prosperity. Railroads
under this decision, the New York Public.
says, "do not really belong to their socalled
owneIs, but 10 the people. A charter is a
grsnt Of right to speDd money for The public
benef, with agreement to accept such re-
turas as the publicin its gratitude or wi, dom
may see fit to give. If these
grants are absolutely valueless, as against
any State enactment. the plain fact is that
most of our railroads are owned by the pub
lie, The stock and bondholders being merely
tenants, subject to the power of the State. If
the State can tx rates, AID is the only judge
as 10 Hhst rales are reasonable, it can now
proceed TO ascertain what each road has &C.
tuaily cost, and require it to charge eniy
encugh to pay three per cent, Of less, ca
that sum-" All this must be very distasteful
to The roads, but they owe it to the arrogance
and uuconscien:iousness Of some among
them. Those roads made high claius, de-
mandcd all the traffic would bear, id the
public. The discovery Of their powerlezsness
and dependence lie a rude shock to the absurd
nights at which they had estimated their
powers. IL the grasp for power and money
the return has been humilisiiou. The States
must rot, however, follow the i'll example
some of the r3ads have set. We see in this
decision of the United States Supreme Court
that injustice "does not pay" and it will pay
no more ia Legislature than in board of
directors. This decision will affec. the fu-
ture building of railways and the value OF
railroad stocks. One evil effect is likely 10
follow from iE-slow trains at incenvenient
times and Indifferent to the public comfort
will be run at the rates prescribed by law,
and trains, such as the public will like, will
be charged higher as "ex,rss." Where Leg
is|a'ures behave justly, and The roads show
desire to satify public feeling, and avoid
uni st DETERMINATIONS ard nnfairDess, per-
haps bolh sides, knowing their respective
positions, will get on we'll without wrong
and without anger.