The advocate., 1891-05-06

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sessory rights of others; and in return the
state undertook to provide all necessary
and convenient highways to be used in COM
mon by all it's subjects. To conserve this
and other important interests Of the people,
in their original compact, granted to the
state the right of eminent domain, that Is
the right, whenever necessary, to take pri-
vate property for public use; none but the
state possesses this sovereign power. there
fore, none but the state possesses the ability
TO open and build highways; hence, time
out of mind the opening and building Of
highways has been regarded as the exClus-
i've function and prerogative Of the sover-
eighty. II, therefore, railways may be con-
sidered highways, the construction Of them
must be considered the function and pre-
rogative of the state. The question as to
whether railways are highways, and whether
il is the duty of the state to provide such as
are necessary and convenient has often been
before the courts. There are three distinct
classes of cases in which it has been consid-
cred. First, in cases where municipal cor
porstions have been sued on bonds which
they have voted in aid Of the construction
of railways; second, in cases where railway
companies have attempted to exercise the
right Of eminent domain; and third, in the
so-called Granger suits to establish the right
Of the Legislature to fix rates. The best
opinions and the soundest reasoning re-
gard the construction of modern railways as
sovereign function, and where they are
built by corporations the companies are ex-
eFCising under license function and pre-
rogative which belong exclusively to the
state. So far, all are agreed, but some
writers who are extremely technical and
who never seem to be able to look beyond
the precedents relating to common carriers
known to the common law who, however,
had little in common with the present rail-
way, have expressed doubt as to whether
the operation of railways came within the
same category. It would seem that the
road and operation of it are so insepsrable
and essentially one that there can be no
distinction between them.
Mr.. Stickney asks and answers ques-
tion that relates to the interstate COM
merce commission, as follows:
During the four years that the Interstate
law has been in existence, who has been
fined? Just one poor freight agent, who
was undoubtedly following his instruc-
tions.
The Capital need not be expected to
care to give any recognition TO such
thoughts as the foregoing.
Now be 1t remembered that when Ne
brasks Dorsey" whom Speaker Thomas
B. Reed in the Fifty first Congress made
chairman of the House committee on
banking and currency, and who by vir-
tue Of his position and service to the
plutocracy Of the great American nation,
introduced measure providing for the
issuance Of $SO0OO0,0O0 of fifty-year
bonds, and also "a substitute for bill No.
537, to provide for the issue of circulat-
ing notes to national banking associa-
tions"-both of these schemes designed
to perpetuate and eternize the national
banking system, his action met the sp-
proval Of men away from Nebraska vast
ly more than, as the sequel shows, It did
his constituents; for out of 80,585 votes,
Mr.. Dorsey obtained but 25,440.
If the House passes this bill it will give
the national banks cause TO hope that this
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