The Caucasian. (Clinton, N.C.) 188?-1913, 1890-06-26

the owner OF the road bed, any
one could run cars upon it upon
payment of established tolls
This is about the truth of the
whole matter. Fifty years ago the
Legislature granted extraordi-
nary privileges to Railroads,
but they were never intended
to stand forever "notwiths tand-
ing any altered conditions of
the country in the future
The same court has long ago
decided that when private pro-
perty is devoted to public use
it becomes subject to public re-
gulation and control, and it
would require much clearer
language than this to enable
any court to say a State had
granted away the right to pro-
tect its citizens from excessive
charges.
The charter of the Raleigh
and CASTOR Railroad while a
little more pronounced would
receive the same construction
and all the roads in the state
can and will be brought within
the supervision Of the Commits
sion to the extent that its regu-
lations are just and reasonable
and this is all that is claimed
for it and all the power that is
given it. But again: What is
this claim Col. Hinsdale makes
for these exempted roads? 1t is
the right to make excessive
charges with i'm tunity.
Now, grant it for the moment
that the Raleigh and CASTOR
road is exempt. What will be
the result? This exemption is
only claimed for the road pro-
per from Raleigh to Weldon, a
distance of 50 miles. But the
same road owns and operates
and controls from 25O to 300
miles OF roads in this State ad-
ditional to this, and which is
undoubtedly subject to the con-
troll of the commission, the R
u A. Line. and the Carolina
Central Railroad, and this ad-
ditional mileage is in extension
of the other and each dependant
on the other. Now if the road
from Raleigh to Weldon, rel--
ing on this pretended exemp-
tion exercise the right to make
unjust Or extortionate charges,
then it would be the duty of
the commission to 50 regulate
the charges on the extended
line as to make the entire
charges just snd reasonable.
1t we are met by subjections
that would be unjust to the
other roads, that is the subordi-
vate roads, we reply: Let the
parent or controlling road obey
the law, and so ii will do in
fact. The only power given to
this commission is to make
just and reasonable rates, and
such regulations should be and
will be obeYed by all the roads
in the State.
We cannot do better than to
close this article by quoting
the language of An eminent
Judge Of North Carolina, in an
opinion delivered some years
since, and calling the attention
OF the General Assembly to his
words: "The rapid multiplica-
tion Of these bodies, their re-
sources and far reaching ambi-
tion, their ubiqulty and rash
combinations, all NOV d and
directed by concentrated power,
and talent, constitute the a
distinct and almost indepen-
dent and overshadowing power
in our governments and in fact
the great social and political
problem Of the age. Whether
they shall control government
or Governments shall control
them, are questions that are
forcing themselves upon public
attention, and fast assuming
practical Importance. They
should and will be maintained
in the exercise Of all their essen
tial and legitimate powers, as
necessary and useful institu-
I'll ms of modern civilization.
But if in addition to the dan
gerOHs power of transferring
all their property and franchises
to any body and any where, it
should also be held that their
corporate powers are such con
tracts as put them beyond the
reach Of legislative check, or
control in the interest of society,
then the problem. will have
been solved. Ghe Government
in my opinion will have abdi-
Gated its sovereignty, hereto
fore supposed to be inaliena-
BILE, and society will be left
without protection to Chartered
responsibility.
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Bucklen'S Arnlca SaIye.
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