The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1890-03-18

The creature is neither greater than,
nor independent of, the creator. The
railroads say that the charter to con-
struct these roads is a contract be-
tween the State aud the corporation,
and that any interference with their
management would be a violation Of
the contract by the State, and this is
forbidden by the constitution of the
United States. If the charters to
build these roads were contracts IN
tered into for valuable consideration,
paid by the corporations and received
by the State; and if the legislature had
power to make such contract for the
people of the State, and to bind each
succeeding legislature and the people
to stand by such a contract, then this
would be true.
But no such contract was ever IN
tered into by the State. No such
valuable consideration for this priv.
lege was thought of by either party;
nor did the legislature have power,
without a moneyed consideration or
it's equivalent, to make a contract with
a corporation granting the exclusive
right to transport freight and passen-
gers over these lines forever, free
from any interference or control
whatever.
The controlling, ruling and govern
ing of these corporations is simply
exercising the police power of the
State. The State in granting these
charters never intended to surrender
its police power, and the legislature
that granted these charters had no
power to make provision for such sur
render. That power is vested in the
people and can only be exercised by a
convention of the people, called for
that purpose, or delegated to the leg
islative power in the State Constitu-
ton. And this is nowhere expressed
in the Constitution, so far as I am
able to judge. No Legislative body,
unless so authorized by the people or
the Constitution, can bind its success
sors. If it could, a dozen consecutive
legislatures would rob the people Of
all their rights and property.
[ know as well as the corporation
attorney, that the Supreme Court Of
the United States more than forty
years ago decided exactly the reverse
for what l am now contending. But
l also know that the courts of the land
for more than thirty years have re-
GREETED that decision although they
felt bound to follow it, and for twenty
years these same courts have been en-
croaching upon that decision. Neither
the courts nor the bar of the country
are satisfied with that decision, and
long ago it would have been over
ruled but for the reverence the judges
heretofore had 9for the pioneers who
opened the way in the beginning.
The tendency of the recent decision
OF the Supreme Court of the United
States, is against the decision in the
Dartmouth College case, and it is be-
lieved by the bar of the country that
our Supreme Court, the highest judi
cial tribunal in the civilized world,
will, if it ever comes before it again,
override it or evade it, or manfulIy
decTare the principle decidedly wrong
and untenable.
But if the courts shall forever ad-
here to the decision, it would not
touch the public power of this State as
regards regulating corporations.
This can be done without violating
any rights of the roads. What are
the vested rights of these corpora
tions?
They are the exclusive right to haul
freight and passengers over their roads
at reasonable rates. And if they fail
to properly exercise these rights, it is
the duty of the legislature to repeal
their charters. If they charge un-
reasonable rates for freight and pas
sengers, it is the duty of. the legisla,
ture to make the rates reasonable, and
if they refuse to haul for reasonable
rates, to repeal the charters and grant
the right to others.