Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-11-25
A QUESTION:.

who Shall be Dakota's United states
Senatorsf
To the Press and Ddkotdsd1.
The decision of the supreme court of
the United States in 1919 in the case of
the trustees of Dartmouth college vs.
Woodward that every act of o state
legislature creating private corpora
tion Is irrevocable because it creates,
when the charter is accepted, an inviola-
ble contract under article l, section 10,
OF the federal constitution, unless there
is a reserved right of modification or re-
peal. led the several states soon after to
provide for their own safety agaips ct cor
porate power, by introducing into their
legislation and graduslly since into
many OF their constitutions provisions
that grants of corporate power may be
repealed by the state. Our own Dakota
constitution, adopted November 3rd,
1885, makes careful and ample pro.
Visions in this respect.
Section 9 of article II provides that
1.-THE legislature shall have the power to
alter, revise or annul any charter Of any
Corporation now exciting and revocable
at the taking affect of this constitution,
'or any that may be created, whenever
in their opinion il may be injurious to
the citizens of this state, in such man.
'ner, however, that no injustice shall be
done to the interpretations"
Section Is provides that "Railways
heretofore constr acted, or that may
hereafter be constructed, in this state
are hereby declared public highways,
and ali railroad and transportation COM
spanies are declared to be common
carriers and subject to legislative con-
'trol; and the legislature shall have
power to enact laws regulating and con-
trolling the rates OF charges for the
transportation of passengers and freight,
'as such common carriers from one point
'to another in this state"
Section II declares "The legisla-
'ture shall pass laws to cor
rect abuses and prevent discrimination
'and extortion in the rates OF freight
and passenger tariffs on the different
railroads in this state, and enforce such
laws by adequate penalties, to the ex-
tent if necessary for that purpose, of
forfeiture of their property and fran
'chises."
Dakota ID far from the seaboard and
never can get her products to the mar
kets OF the world or receive the manu-.
factures of the world which she must
consume, except by passing them
through other states. 1t 10 well under
stood that state cannot fix rates OF
transportation in other states and the
people are beginning to realize that
their main hope against oppressive
charges by carriers is in competition or
in the regulation of inter state commerce
by the only power which can regulate
1.-THE government OF the United
States. Competition seems the natural
and most effective safeguard,
but the constant tendency
OF capital to consolidation affords
ground for alarm. The railroads of the
whole country are rapidly becoming the
property of few men and competing
lines are continually ceasing to com.
pete and practically becoming gigantic
monopolies by means of pooling con.
tracts or actual consolidation. Notwith.
standing Dakota owes so much to rail.
roads and OF course ought to guard their
interests against invasion with the same
fidelity it guards the interests of the
producer, it is tine that we are to-day
compelled to pay more for transporta.
tion than is right. The writer recently
paid on freight from Boston to DeSmei
$20.42, of which the charge from Boston
to Chicago was $4.34, from Chicago te