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

. night TO rs il: and il the ofzcers req
resen:frs the corporation vere 70 ref1~
70 execE.e the trcs.s reposec = them II
the particulars Aeufioned, or 10 any
otter respect. 10 would Be the Iup~rs-
tive duty of the courts Of equity, On due
sppilsaiaor. 10 interfere, AID By an es-
srcise Of their extraordinary pcvefs
cogp Pei faithful OF se-ysEcs and dis
ecaFge Of all ia obiiH atoms. II taese
eoaTts caa issf2Iiy do this Ineif
Supervising power over s7cR coEPore-
lions 30 the extent Of the p1olic inserts
10 them - yIEdI -ated; that -. they o
conpei them 10 keep their roads, rolling
stock and machinery IN good condition.
force them 10 establish and MAINTAIN
dsp0ts At suitable points where the ous-
cess necessities reaaire them provide
suitable means of access to and egress
from their ,raiu-; forbid injurious dis
ordinations; ans. to the extent OF feeaf
means, s1pplr all tee facilities for TIE
-afe transmis=i0a Of persons and prJp
erty contemplated oy their charters
Judge Greene, Of The Supreme Court
Of Nasbirgtsb Territory, says this:
Every railroad aud It's rolling stock.
aud tie railroad corporation itself, are
not for tie railroad eoupany's OWE Use
primarily aud principally, bet for Fao-
lie use. The public, and Eot the Tail-
road company-the master and Not the
.eryant-the creator and not the erta-
tare-determIaes that use. Whatever S
for tie SQUAD interest OF the puoiic,
that railroad, Railroad trains and depois
be used for, to that use they now ouRnI
10, and ultimately will come.
these opinions are most able ana
authoritative. coming from 30 hlRn
Coart. and such an able judge. IL l.
an elaboration of the principle declared
by the sopreme Court Of the thltfd
States many years ago, tovIt: what
a public corporation Is empowered TO
d. tor others, and II Is beneficial to
them TO have done, the Law holds II
ought to do" 3 Neav., 249 Know
ing the duties OF these companies, and
the rights of the people, what Is the
remedy here!
| might be beneficial to inquire who
or what - the cause of the wong done
10 our people by these corporations. /
lately saw letter from one OF the
leading directors of one of the CON-
panies, wherein, IN explaining the cause
of this failure to operate this road and
70 build the Cascade branch, or lease
the Oregon Railway d Navigation Cos
road, he said Other considerations
than commercial interests were IN
VOWED in the mattel" What these
consideration are We can surmlse and
each draw his own conclusion. Tue
road WAS built with funds advanced by
the Oregon 4 Transoonsinentai Co.,
under a charter TO the Puget Sound
Snore road. Its object and purpose. as
above stated, was to furnish the people
Of the LIVER Sound and the eounty of
King with through connection with the
East. Sucn connection would, Ii my
opinion, tend to damage these other
considerations" aud hence so long as
tue great corporation stands at the
door at Puyallup, am convinced that
this road will not be operated unless its
operation is compelled by Law.
Can this be done under our present
laws! There IS no doubt that by pre-
ceedlng In the nature OF quo leaI'rd.to,
that the charter of the road could be
forfeited for non use in proceeding in
the District Court. But this would not
meet the difficulty and correct the evil.
am Of opinion that legislation may be
had by the Legislature. So that IN
case of forfeiture the Territory could
be empowered to take charge of the
road, and lease or sell it to such person
or COM pany a. would undertake to sp-
crate 1t, and to that end IN my view We
should work.