Semi-weekly interior journal. [volume] (Stanford, Ky.) 1881-1905, 1891-06-19
contest in its initial stage will be waged

ton of fine. Presumably the court
. will be given jurisdiction and the final
contest will be fought out before them.
If the railroads are disposed to evade
. the law, it requires no stretch OF imagn-
alton to perceive the devices that can be
rtsorted TO to bring the evasion within
the pale of the law. Litigation, intense,
protracted and costly, eusues. And
since the amount OF land each particular
road may require will depend upon such
an infinite variety of circumstances ap-
pertaining to the one and not to the
other, unusual difficulties will be en-
countered by the courts in formulating a
general principle applicable to all OF
them. Hence the result in one case
will form no precedent for the other
Second. Such legislation is practically
partial and unequal. Railways now in
existence have the power to own mines,
lands and timbers not necessary to carry
on their business as common carriers.
Their charters give them such rights and
they exercise their privileges under
them. This law would not apply to
them. For even a constitutional con-
vention, though in the sweep OF its pow
er it may deal with officers, from Judge
OF the supreme court down to the pages
in the general assembly, has no power
to pass an ordinance repeating acts OF
the State legislature under which private
rights have become vested. The inhibi-
ton here is prospective only, and only
imposes restriction upon those corpora
tons which may be created by future
| legislative enactment. Thus We would
have one set OF common carriers en-
dowed with and exerc sing all the priv
ileges which corporations have at COM
mon law of holding lands, opening
mines, cutting and transporting timbers,
and another set limited to the business
OF carrying people, things and animals.
What would we think OF the law which,
under the guise OF regulating all bust
ness of public character should de
clare that in the future no tavern keeper
should own more land than necessary to
run his hostelry!
Third. 1t is inexpedient In policy anG /
detrimental to the interest of the State. I
For illustration, let US suppose that at /
Mason's Gap, six miles southwest Of /
Stanford, there should be discovered a
valuable ore in large quantities. To let
it lie there would be OF no account to the 4
owner or to any one else Ii is valuable |
only as it can be brought--brought, if ,
you please, by common carrier-to the
market OF the world. The nearest de-
pot is at Stanford. To haul it in wag-
be thought of. But between the depot
and the Gap there are many intermedi-
ate land owners whose lands would have
to be crossed TO get to the mine. For
this right Of way is needed. Now
railroad is not permitted to own the
land which contains the ore. How then
is the ore to be utilized or carried to mar
ket? Some one will answer, let volun-
tary association purchase the propery.
But how will this association get the ore
to the depot without railway? An un.
incorporated association cannot con-
denim private property and thus obtain
right of way, and the minute the asso-
citation organizes as a corporation to
transport the ore it becomes a corporate
common carrier and instantly the con-
stitution intervenes with the injunction
that no corporation engaged in the bust
ness of a common carrier shall own lands
or operate mines.
Thus it is that whoever wants and has
the capital to develop this rich mine of
ore must depend for his right to get to It
and transport it upon the eXorbitant de-
mands Of intermediate land owners who
may want quadruple the value OF their
land for the right OF way, or they may
refuse to sell it at all. Or, if infants
should own the Intermediate lands, no
power on earth could get the title out OF
them. Now this illustration may have
a thousand parallels in TACT in Eastern
Kentucky. Such development, as has
been made there is through tn instru-
mentality of railways. With l. ismanic
power they have touched its coal and
metals, and barren wastes HAY become
richer than the golden fields OF Caliior-
MIA. The bare suggestion y. the fact
without elaboration is a lesson to all men.
The inevitable tendency OF the pro-
posed constitution will be to retsrd the
growth OF the richest mineral belt in
the world. IL will check the hopes OF
that robust, Tree born people whose
rugged honor is as the rocks of their
everlasting hills. 1t will overshadow
the dawn OF that refined civilization
which is already breathing upon the
with the freshness of his
air. 1t will doom him to mere