Milford chronicle., 1885-03-13

] HOpOllSS WHO nave nO AGSilU AoA bht !
welfare and convenience of the
people.
Third-That the only way in which |
such welfare and convenience can be
assured is by competition; the same
as in any other business.
These three propositions are the
principal reasons which underlay the
general opposition to all railroads |
and partly grows out of a misunder-
standing of the novel and peculiar
relations of railroads to the people;
and partly to total ignorance of the
peculiar methods required in rail
road business; which very few, if any,
of the most studious and experienced
railroad men have yet been able to
master. This misunderstanding and
ignorance gives rise to the strange
paradox of the people desiring to de-
crease one set of so called monopo-
lists by creating another.
1t matters not whether railroads
are created by special or by general
law, they have special powers and
privileges granted them in either
case, and this ofnecesity makes them
to a greater or less extent mOnOpO- b
lists, because those outside of theign
incorporation have them not. Iti is
true that any one set of persons s9gin-
der a general law may become Py,Dono-
polisIs, the field being open 80 all
but this very liberty only tPends Ia.
injure the people the mOref
The laying out and mGskino of a
public road as a highwafv is NOT in
trusted to private indiN.g Ngi3uoIs bnt is
done by legislative iatnsctmsnf lt,,''r either
direct or by PoTeR0eers delegated to
some pliDiic OH .Gers, such as highway
or county coz .GImissioners, chosen by
Sr, Ine peoPlel lTand not self appointed.
ne PeoBaie in defense Of themselves
anu 4, tnsa{ n.staig{r rights refer all such matters
70 " 'l5S " cir legislative representatives.
y I l,fjRset of men can lay out by their
: own free will any turnpike, or even
n free highway; without legislative
s authority either direct or delegated.
O If it were otherwise no mans prop
q ertv would be safe: he would be at
+ the mercy of any set of men who for
q their own gain or convenience might
wish to use his land for their own
c purposes.
y In reply to this it may be said that
r. the State, holding all lands within
a its boundaries by allodial tenure
r may at its pleasure assert its right
# to do with them as it pleases, pro
e vided it cOmpensates those whom II
e has permitted to occupy them fol
p their improvements, (Which are Oi
+ the nature of personal property OF
any other equitable rights they may
y have in them; and this can be done
4 as well under a general law as under
/ special laws. But a special law is
Ie permit, and the legislature has the
ic right to ascertain and decide whether
Y the proposed route is Of such public
n benefit AND am eSessity, as to warrant
e the distVfhe sam of thosa iHietasSase, 4 =;
IS will hay 70 ,.og foFise Yis shop should bnidr
j. the pret i, L Should be closed-now th s,oS Se[
is is nfipis done by the clerks; the Ownerst 7
fshop has nothing to say about it. In fuses VIII
~ y. : uneomf rD .se UIocaIe or build road
oGense iording to their own good judge
G ment, or bad judgement as the case
>, NAV be; or for more sinister ends:
! such as for instance selling out at a
a large profit to an already established
. road. The special law being a per
=, NIT involves the right of the legisla'
, ture. within the limits of equity, to
p regulate its affairs and business
> The general law being in the nature
n of a Gift precludes such right, as II
er places the companies operating un
o. der it in the same position as Other
n commercial, financial and manutac
80 turing companies Incorporated un
,e der a general incorporation act; en-
ir tirely ignoring the fact that, the
# speclal interests of these corpora
If tions are not like those of railroads
e which are intimately connected will
N those of the public; the railroads
a coming, as far as the public are con
e. cerned, under the laws pertaining t
e. common carriers; and rs far rs tn
u projectors or stockholders are con
Mt cerned, under the laws regulating
,ir business interpretations. The prof.
be lem is therefore mixed one, tn
All elements varying in each individual
H. case; and requiring special enqulr,
and treatment. In Europe the la'
ot protects the public by limiting tn
NO rates that shall be charged for pas
he sage and freight, it also protects tn
ed capital invested in a railroad by pre-
venting the building Of parallel O
cy unnecessary roads, but here we hay
,te no such protection.
IL Under a general act a certain nun
,n- oI Der of men acting in good faith O
not. as the case may be, can locat
les or project a road between any tw
Sc, points, their judgement or interest
lts alone determining the line; the pul
nc nc lie neither directly or indirectly, nC
,ep even through their legislative repr
as sentatives having any right to inte
es- fere even though it were against pT
70 yate interests or public policy.
.,l .ad The above considerations an
oc- others similar, sufficiently prove th'
tic it is inexpedient and against the trr
val polity of the State to pass such
~ law as is suggested. The knowlede
NJ ~. of the circumstances in each cas-
ng and the calm deliberation necessal
of to determine the eXpediency and n
by cessity of line, are not to be ha
,oe oe in public meetings largely compose
cal of those who hope to further the
les own interests, and are entirely i
of norant of railroad management al
Mr. its effect upon the material pro
sol - .,,.lI