Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-01-29

MpI.t VAIN irtru VAS IN favor Of
'h, h,l
Iu.l.. Drnusou followed. " II
'h" Il,us' - not "a. ..'tltht | ~uu.i
Hkr to s,N few words upon tins
subject. have ~ personal interest
va this thing aud ! have no taify to
i,nl ont 10 the cast or the west. |
shall iu At this matter from two
nnilouis. namely, have we the
ulh ,o cinct 1t a, oil. aud, again
are the provisions such ns do vlo-
i,nce 20 'he principles IF law and
lu>i,cr | l.vcn'i word to say
nenln~i lnN tat la- been taken from
all u,ci ,he lm,,l States. II is all
good law Il yun understand IT
bat there ~ conceded fallacy in IT
nll ". have been told that the
parent hns n night to spank It's
child-that'- tiue thnt's true; but
WHO J.. il're 20 tell us ho4c who is
tho Inrcnt e the Northern Pacific
railroad Tint shall spank 1t? Are
We It's parent, OF IL 1t the United
Shdes' Who has tho right to say
when It does wrong? Now | may
lo sohiary nnl alone when | get
through. but | shall say what think.
lIuH The Legislative Assembly
has no authority 10 create a board
of comm sSIoncrs 10 exercise the
powots conferred bv this act over
my railroad companies except those
incorporated under Territorial laws
sul when such authority is express
J., reserved IN the incorporation act.
All the nghts. privileges and I'M
muhi,lcs and exemptions OF the
North Pacific Railroad Company are
derived by direct grant from Con
eross. and these rights. privileges,
immunties nnd exemptions are sub
l"-' go IA lmltnt.ous. restrictions os
regulations oxccr, such rs are found
or provided for III the incorporating
aud other nets Of Congress; tho pow
- to restrict, control, and regulate
the exercise and enjoyment of these
rights. privileges and immunities Is
reserved 20 Congress IN section 20 OF
the incorporating act. The rights OF
the Northern Pacific railroad com
pnny Ia regnlato The rates of freight
and fare Tor transporting persons
and property over its road IS subject
to only ono restriction by the incor-
lora,ing act. and that is found in
section 3; and no legislative power
except Congress can impose any
other restriction The incorporating
act of Congress and tho acceptance
of II hy the Northern Pacific railroad
company, constitutes contract
which cannot be destroyed or impair
od by any power except that reserved
hy Congress in section 20. The re-
su!t IL. that tho Legislative Assembly
of this Territory has no more author
lty TO enact the law now proposed
than il has to enact n Chinese restric.
ton act. or to regulate immigration
under tho existing restriction act ol
Congress; that the Legislative As
scmbIy of this Territory has no more
authority TO regulate rates Of frei9hts
and fares over the Northern Pacit tiC
Railroad route than it has to re.
gulato the management aud business
affairs OF a national bank in this Ter
ritory. Again-Congress has the
sole and exclusive power OF regulat-
ing commerce between the several
States and Territories Of the United
States. The Northern Pacific Rail.
road company is operating its road
and is engaged IN an interstate
traffic ilic-transporting persons and
property into and out of seven dit
ferent States and Territories, to.wit
Wisconsin. Minnesota, Montana,
Dakota, Idaho, Oregon and Wash.
iugton. The power to regulate this
commerce among the States and
Territories belongs exclusively to
Congress- The Northern Pacific
Railroad is n national road created by
Congress for national purposes, and
for tho purpose Of facilitating COM
mercc among the States and Terrific.
ries of the United States. The COM
pany derives it's right of way, its
franchise, and all its other rights aud
privileges from the laws Of the United
States and not from the laws of this
Territory, and tho management of it's
rond Is under the control Of the COM
pany, subject only to such regula-
,ions AZ Congress may make.
Second--The bill (section ~ con-
fcrs upon the board of commissioners
judicial powcrs-the power to hear
complaints, TO issue notice to the
adverse party, to administer oaths
to hear evidence and to adjudicate
upon the rights of the parties. This
Is" judical action "(adjudged Woods,
&c. PIP. 3io). No judicial power can
exist in this Territory except in the
ia tho courts mentioned in section
1907. page q of tho code.
Third-The bill provides for TAX
ing private property for private uses
and without just compensation
Tho right Of way. 400 feet in Width,
including ali necessary grounds
for station building, work shops, de-
pots. machine shops. switches, side
tracks, Turntables and water sta.
tlons." was acquired by the Northern
Pacific Railroad Company by gran,
or by purchase. and Is private prop.
orty. The bill authorizes any per
sou To Greet upon" this right oI
way an elevator or warehouse of any
size, and to take and use the same
indefinitely, on paying 81 year tc
tho company, no matter how great
tho detrIment may be TO the com
rany. Such legislation is not only
IN violation of the constitution, bu
III violation Of every principle of law
aud Justice. Such Legislation lead:
directly TO the destruction of al
virtual rights. Besides, when the
companys grounds arc covered with
elevators and warehouses, the com
pany IN required to make sidetracki
A. A. A