Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-09-27

ADDkEzs oy Hos. J. T. LgxEs-
We are invited here 70 diseass and
take innsdisfs action towsrds stcar-
irQ tie operation N possible Of the
railroad 5etse~n seattle and Taeous =.
This 10 q1Sssson veil ~ortbg q so1-
alteration and discussion. A question
ton Of grave moment - the people of
Paaet sonnd, and especisIlyt.S the eEsi-
zzE= % King eosniv. railroad has
been bailt. ready for trains 70 pass over.
more than two years, and remains un-
! operated A road eonusctina tie NORTH
eru Pacific Railroad wiih the SnsrTe@
a, Seattle. completed 70 furnish toe
people here w1tn Transportation oy rail-
~ All parts q the Union. A ROAD s-n-
slrueted over the lands snd hODssteads
% oar peopIe, AMI vet Of no practices ~
value. Is is sell that this matter he
discussed fully. freely, fairy and cara
estly. Nothing tends 20 nEcA to open
toe eyes aud ears Of the feopie as DIS
esssion. Tie Puritan could not cofn-
preheud wuy every man should Lot De
ire 20 worship God 10 accordance With
the dictates 81 hts OWE consclerce. and
hence he commenced TO clscuss tue
QUESTION. tyranny fears discussion,
/ and the Puritan NAs driven TO Holland,
where among the Dutch be found more
rosm for sueh purposes, bat he was
| looking for broader and rBOrs fertile
1 field, aud came TO the bleak shores OF
| the Atlantic coast. and founded toe
| great e. public upon the idea OF full and
/ free dis assoc, and from tnebceforxard
| every citizen e the United States cArrles
/ upon his eJuGtensHcs An intsrrot alton
| point. and ia his mind spirit OF IN
| qairs.
| Discussion considers all things peril
neni, weighs all things pertinent, seeks
| light from all points, and when tue
mind - fully convinced each citlz n 10
reads to act, and by combination OF
action great results are reached. Lndi
| sidual effort alone can accomplish but
little. bot a combination of individual
effort may organize force that IL IRE
slstihIe. In all discussion and action
| touching the questions here involved
We must look 10 the law as the great
and leading light TO guide aud the
| shield to protect Us. The Fundamental
| doctrine of the law IL, that wherever
| there is a wrong there IL also a remedy
| TO correct the wrong, and II at any time
the laxs 10 force are not ample, leRisla-
ton may be had to afford the needed
| remedy.
The railroad here under consideration
was constructed by corporation, or
| rather by coordination OF corpora
tons. and onr controversy here mast &c
With these corporations. these rail
road corporations deal with the public,
and it ~ only within the last ten years
that the rights of such corporations
have been fully and authoritatively de-
fined.
Extraordinary powers are conferred
upon such corporations, because they
are created for the pablio good. A part
If the sovereign power has been vested
IN them, tswit: the right OF eminent
domain. This right Of eminent domain
Is simply the riRhI 10 take private prep
srty for public use. Clothed with this
extraordinary power the railroad com
pany have appropriated the lands OF the
,,itiz-n upon which to construct this
road, and this without the consent of
the citizen. This power was thus given
them in order that the public might be
served, for IT Is only for the public ben
eft that such right may, under the law.
be exercised, and the Supreme Court of
nitru DsdbCH bhS
That when private property IL de-
pubic regulation"
aud courts. While these G operations
are private ia so far as the funds and
agents are involved. they are public
from the fact that they are given part
of the sovereign power of the State
i.aA hat Azaltns9o With hs rntlIa
The railroad company derived its char
ter from the Territory of Washington.
aBd 10 subject to the control of the
power which created it. Its purpose
was to engage In the service of tue pub
Ito. | submit TO your Moderation
what the coarts have said on this point.
Judge B.xter,ot the United States Cir
cult Court Of Ohio, says on this point
IN IL Federal Reports, on pages !. and
-, as follows
The great and fundamental prinoi-
pie on which Re rest the conclusions
hereinafter stated Is the conceded fact
that railroad corporations are quasi
public corporations dedicated to toe
pablo use. IL IL upon this idea that
they have been invested with the power
of eminent domain-the authority 30
take and appropri tie private property
20 their use by paying n just c0mpensa-
ton therefor. They b We been created
for the purpose OF exercising the func
tions al q performing the duties of con-
mon carriers. Their duties and liA-
hllities are defined by Law. In accept
ing their charters they necessarily &C
| espt tuem with all the duties and liza
| biiities annexed; that Is 20 say, they
| undertake to construct the roads con-
tempisted by their several charters: TO
keep them in good condition: equip
them with all suitable rolling stock and
| safe machinery employ skilled and
Trustworthy laborers; provide suitable
means of aocess to- aud ecrvss fren,
| their trains: erect depots and design te
| stopping places wherever the public
necessities require them, sapply, TO the
extent Of their resources, necessary ard
| adequate facilities for the transaction
| of all the business offered: deal fairly
aud impartislly With their patrons; keep
psce with improvements In railroad n a.
cbin.ry, and adapt their service TO Il
varying necessities and improved me-
thods ef dsisg business
The granting and acceptance of such |
charter creates Ysasi public trust, aud |
clothes the public With an interest in |
the use Of railroads, which can be con-
irciied by the public to the extent Of the /
interest granted therein. MUM vs.. ILL., |
nois, ~ Z. s.. l26 10 l3i inclusive. Bat |
hos. and by whom can this ssaSi pnblic |
trus, be administered
The defendant insists that relief can |
not be given by this cart. TIE con.
tsnt,on IL that all persons injured in |
their property ss persons by the wrong
ful action or non action of a railroad |
corporation can have adequate relief |
10 a court of law by suit to recover
damages fer the wrong done, or BY
t'saada''aas to compel a fnlhllmeut Of It's !
corporate obligations. These remedies
undoubtedly exist bat IL there no other
and better remedy for the redress of
snch wroags Suppose defendant
should entirely suspend its operations
and refuse 10 run trains upon it's road.
IL would be IN default. and everybody
snlared thereby could sue ami recover
1he specific damages sustained. Bat is
the public without redress. and are the
courts without power to interfere at the
instance OF one ar more indiv sdaals, and
prosect The pasllc. ~ we'll a. individuals
from the threatened deprivation of soc
benefits and advantages intended to to
provided BY the oaildi1g Of the road ?