The great West., 1890-05-09

Tho Railroads and the States"
Under the above caption, Sen. E.
NJ. Pope publishes a voluminous let
ter in the Mankato Review, which is
not only powerful defense OF the
Granger attitude on the great rail-
way question, but thoroughly en-
trenches the position taken by us in
the GREAT WEST last week.
1t is one of the highest pleasures
known to journalism to have a
somewhat venturesome opinion, up
on such weighty public matters, up
borne and illuminated by one who
has devoted so much time and study
to the same question.
And yet, in the following extract
from Gen. Pope's article we would
like to remove the words "POlice
Power" and confne our position, as
he does thereafter, wholly to the doc
trine that a railway franchise is the
condemnation Of private property to
public use: He says:
"The recent decision of the Z. S.
Supreme Court in the Minnesota r.
r. case, has reversed some settled
principles of law, and will necessitate
some change in methods for protec-
ton of public against corporate in
terests, but it has not changed the
convictions held when the law was
enacted. We still hold, That the
Common Carrier is created by the
state, mainly for the performance of
public functions, and in order that it
may fulfill those functions it is
invested by the state with sovereign
rights and powers, and in the per-
formance OF specified duties, stands in
the place OF the state. That no pri-
vate rights, interests or obligations
can be acquired or incurred except as
they are held subordinate to the alb
solute authority OF the state over
the carrier, in the exercise of it's
Police Power. That the exercise of
this authority by the State may be
purely a legislative act; That what
ever a Legislature in session may do
in such a case, it may do by a prop
erly constituted commission.
In support Of the position that the
state merely delegates to corpora
tion public duties by granting rights
of eminent domain, he quotes the
most radical utterances of the
strongest minds even in the railway
service or in railway pay. Among
them are the President of the Erie
Railway, Mr.. Jewett; VIM. H. Van
derbilt, Pres't N. Y. C. R. r., Chas.
F. Adams, Pres't Un. Pac. R. R.;
Judge Casey, Counsel for the Chi. Mil.
& st. p. Ry.
He also gives that section Of the
state constitution, which says:
"Lands may be taken for public
way, for the purpose of granting to
any corporation the franchise Of way
for public use."
In fact, and thus far in law, the
operation OF a railway is public
function over public property. No
state can assume control of private
property, says the Pioneer Press.
Wereply that it does assume control
of private property in giving right
of eminent domain over our private
lands for corporate use! But the
land becomes "public" then. Certain
ly, and while the state can in no wise
affect the value of a locomotive or a
car, it can affect the public use there
OF on a public grant to prevent un-
just private use OF public franchises.
That is our doctrine on the great
railroad issue-and over that doc
trine the Supreme Court can assert
neither judicatory denial or affirma-
ton. It is an inalienable heritage of
human government.
Mr.. Donnelly is now in the granger
acton his Nininger farm. Letters
to him should be addressed to Hast
ings, Minn.~ Now some of these fly
blistered newspapers want to aver
that he is in St. Paul electioneering
for some city banker-ior election
lis on"
Some of our plated advertisements
have tailed on the end of them an en-
dorsement signed Editor" Or ED. ;"
We wish to say that when this paper
endorses anything it will say-so in
editorial columns. If such sentences
are seen when the plates come they