The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1884-08-16

actm.u thJt r5,ut JD -Nu or mge
WAYS IS ia coaru.e. hut one way
/ alone, ~ en- cum-.uu Pupilc guuu.
. Hence enactment ut mere contracts
~ the Sovereignty Ut he govern
ment, which sovereignty exists hr.
cause HhsOlrei by trusts of powers
| from such enactment, - Ian lmpnssi
| biIlty. Then II railroad charters are
conlrAcls they could only haze been
passed by the SURRENDER IF the sover.
| eighty ct tile government IN violation
OF pilghted taith, ana as the exercise
ot sovereignty Is nece sury to wand
acts, 1t ndubiiaidy follows that en-
actments of acre contracts are uull
and void. Therefore the chancellor
and MS assumption that railroad char>
ters are contracts decapitate all the
railroads, place them vii hout war;
rant and Tx them as AK payers. The
suunder doctrine is that railroad char
ters and all acts of the government
passed Ivy toe representatives OF the
people are laws. They must either
be all contracts or all laws; they can.
not he partly contracts aud partly
laws. If all are laws, which they are,
the people have the advantage of
amending them if necessary. If
partly contracts, they have not the
advantage of amending such. This
Of itself proves the absurdity of he
assumption and its dangerous tenden-
cies. We ask the reader to carry out
this thought as We pass OH for want of
space. The position or supposing of
the judge above stated as to what
railroad corporations would not have
done, if they were not to have the
right to regulate their charges, We
remark, with due Differences, seems to
me entirely irrelevant, without rail
roads had ground to claim posture
akin to sovereignty, and freedom
above other puUIlc functionaries.
The only rational question is, ''where
are they?' In the state. Petitioning
tor, and receiving from legislative
corporate powers for what purpose?
We find them in the state and there
fore subject to the regulation of the
state. We fud them endowed by
the legislature with corporate poweis
for the public carrying of freight,
and therefore To bs regulated by the
legislature DIS public carriers, or other
public functiOnaries. 1t is notorious
that they hpPlied for and received
these corporate powers III full view OF
The past usage Of the Legislature,
which grants and has granted from
time lmmemOrial charters Or powers
To municipal corporation; empower
ering them to assess and fix the fares
and charges of hackmen, wagonmen
and draymcn for public carrying or
as public carriers. Railroad corpora.
tions were certainly assured of the
fact that the legislature cannot thus
graft power " be exercised by mu'
nicipal corporations to regulate the
charges OF public carriers, nuckmen,
&c., that it cannot justly exercise to>
ward public carriers (rallroads) ot its
own creation. Railroads were as
sured of the fact that the legislature
, from time immemorial fixes the char
gesand salaries of puOlic iuuctionarles
of all kinds, millers, judges, leglsla-
tors, governors, DC, and 50 win the
legislatures Of all the states aud teder>
al government. Thus itlailroads are
public functlonaries OF amy kind tney
are without doubt subject 10 regula-
ton by the state. Ii not public tuuc-
tOnarles or servants, why endowed
wrtn corporate powers 10 perform
public functions? The fact that char,
yes Tor public carrying are specified
Ill railroad charters Is demOnstrauiy
conclusive that the legislature had the
right at the origin Of these charters,
ana having it then, us there has Oeen
no repeal, has still the right and Is
bound by trusts Of powers IT cannot
disregard, To investigate aud regu>
late these rates by raising or redu-
cling them as changed relations iudl>
cate and public good requires. If this
be not 80, why were not charters
granted 10 railroads without specified
charges? If the state has no right 10
regulate these rates, would not this
have been done? Would not railroads
have claimed aud obtained this? Most
assuredly they would. What shall
we say then? Shall announcements 20
out that the government dropped It's
sovereignty before Or at the sight of
railroads. If the sovereignty Of the
state is limited or bounded 10y rail-
roads, us one thing cannot be bound.