The great West. [volume] (St. Paul, Minn.) 1889-18??, 1890-02-28

on the capital actually paid in; nor,
unless on an examination OF the
amounts received and expended, to
be made by the Secretary of State, he
shall ascertain that the net income
derived by the company from all
sources for the year then last passed
shall have exceeded an annual in
come of fifteen per cent. upon the cap
ital of the corporation actually paid
in"
In 1851, an act was passed incor-
porating the Central Military Tract
railroad Company, subject to the
provisions of the act of 1S49, just
quoted. In 1852 another act was
passed, section six (6) of which reads
as follows:
$50. The said company shall have
power to make, ordain, and estab-
lish all such bylaws, rules and regu-
lations as may be deemed expedient
and necessary to fulfill the purpose
and carry into effect the provisions
of this act, and for the we'll ordering,
regulating, and securing the affairs,
business and interest of the COM
pany: Provided, That the same
be not repugnant to the Constitu-
tion and laws of the United States or
of this state, or repugnant to this
act. The Board of Directors shall
have power to establish such rates of
toll for the conveyance of persons or
property upon the same, as they
shall from time to time by their by
laws determine, and to levy and col
lect the same for the use OF the said
company. The transportation OF
persons and property, the width OF
track, and all other matters and
things respecting the use of said
road, shall be in conformity to such
rules and regulations as the said
board of directors shall from time to
time determine"
The Court say: cit is contended
on the part of the company that this
amending act repeats clause 10 OF
section 21 as well as section 80 of the
general railroad law, so far as they
are applicable to the Central Military
Tract Company, and that under Sec
ton 6 of the amending act the direc-
tors have absolute control of rates
of fare and freight, free OF legislative
interference. We deem it unnecessary
to determine the question of repeal,
because on full consideration we are
satisfied that section 6 does not have
| the effect that is claimed for it.
"Grants OF immunity from legiti-
mate governmental control are never
to be presumed. On the contrary the
presumptions are all the other way,
and unless an exemption is clearly es-
tablished the legislature is free to
act on all subjects within it's general
Jurisdiction as the public interests
may seem to require. As was said by
Chief Justice fancy, speaking for the
Court, in Charles River Bridge Us.
Warren Bridge, II Pet. 42O, 547 J;
cit can never be assumed that the
government intended to diminish it's
power of accomplishing the end for
which it was created" This is an
elementary principle.
''In Chicago, burlington d Quincy
Railroad Company vs. Iowa, 90 Id.
1856; Peik VS.. Chicago & Northwest
ern Railway Company, 81 Id. 164 !;
and Winona & st. Peter Railroad
Company VS.. Blake, 81 Id. $50, it
was determined that "a State may
limit the amount OF charges by rail-
road companies for fares and freights,
unless restrained by some. contract
in the charter The right to a re-
versal of the present Judgment rests
on the question whether this COM
pany has any such restraining con-
tract, and that depends on the effect
to be given the amending section 6.
'"The company by it's original
charter was authorized to transport
passengers and property and to re-
ceive compensation therefor. This,
if there had been nothing more,
would, under the rule stated in Mudd
VS.. Illinois, "a y. s. 113, and the sew
eral railroad cases decided at the
same time, require the company to
carry at reasonable rates, and leave
the legislature at liberty to fix the
maximum of what would be reason
able. So that, laying aside the linn
itations of the old charter, the ques-
ton here is whether the amending
section relied on has the effect of tax
ing away from the state this power
of legislative regulation
After repeating the language OF
section 6, the Court adds:
CLEARLY under this authority no
bylaw can be established by the d.
rectors that does not conform to the
laws Of the state, and this, whether
the laws were in force when the
amended charter was granted or
came into operation afterwards.
When, therefore, in a section of the
charter which expressly declares that
no bylaw shall be made that is in
conflict with the laws of the state, we
find that the rates of charge to be
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