Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1897-12-09
[cOSrrSUED FROM LAST WEEK. ]
Editor Of the Kansas CommOner

ing rascality 81 the corporate manage
,nent Of the American railroads, the
patriotic mind IS disposed TO inquire
for a better way. And, then, when
the aanquinAry feature is considered;
when it is understood that more peO-
pie are annually killed and wounded
in America than by any other railway
management on earth; that the annu-
al casualties-the annual number kill
ed and wounded, are nearly forty
thousand persons--about equal to two
battles of Shiloh-tbe thinking and
civilized man is appalled, and must cry
out in anguish shall deliver us
from the body Of this death?"
\, There is but one way or method Of
Aelief The railroads.&c. American
public highways-the most magnif-
cent system OF public transportation
in the world, must be wrestled from
the highway men who now hold and
control them for the sole purpose Of
despoiling the people and enriching
themselves The people through their
national and state governments must
possess, hold aud control their own
public roads. There is no other just,
reasonable or safe course.
But how can this policy be adopted?
The reply is plain, practicable and
easy. The people now own the roads,
The title is in the people and cannot
be alienated. Neither Congress nor
state legislature, nor any power In
this country can either sell or give
away a railroad, without the unanim-
Gus consent Of the people. All have a
title in the public highways, and they
cannot be sold or transferred to pri-
yAte parties without the consent Of all.
No legislative body can sell or trans.
fer railroad to private party any
more than it can sell or transfer the
Mississippi river or lake Michigan to
a private party. All are public high
ways, and all the people alike have
commercial and property rights in
them. To ALLEVIATE them without the
consent of all is confiscation of proper
ty rights Of the living as well as of the
unborn that are to come after us This
country cannot be justly or lawfully
dismembered in that way. In effect
all the courts are a unit on this sub
ject; and, judging by the facts of his
\ tory since 1861, the American people
ARE of the same opinion.
A railroad corporation owning a rail-
way in this country as private party
would be government within GOV
eminent, with hostile interests. That
condition of things cannot exist One
is a government in the interest Of the
people; the other in the interest of
certain private parties who are, often,
a lens. No corporation can be solely
entrusted with the uncontrolled man
agement Of the public highways of the
nation.
Private property in this country may
I've condemned, taken aud paid for in
accordance with law, for public use
only. If strip of private land is so
taken on which to build public high
way in the form of a railway, and that
railway should afterwards be trans
ferred to private party, the lands
must revert to the former owners. The
railroad loses its public character, and
becomes mere tresspass subject to
ejectment by the owners of the lands
The question of abstract title being
settled the next step is, how can the
people, through their governments be-
come possessed of their public roads?
There are several ways:
First; the corporations hold certain
franchises, or charter rights granted
them either by the national or state
governments These grants name GER
ltain specified terms on which the cor
Porate franchises or rights may be re-
tanned and enjoyed, on the part of the
railway companies, Any violation of
the terms of those chartered rights
works forfeiture of the franchises,
aud the roads naturally and lawfully
drop into the hands of the government
state or nationaD that granted the
charter.
In reply to this it is claimed that the
companies in some cases, have built
the roads with their own money, and
that they have vested property rights
i'm the roads Granted; but, they put
their money in the roads on certain
specified terms named in their char
ters A violation of these specified
terms must work legal forfeiture, and
then, if the companies can show that
they still possess equities let them do
so in due course Of law and recover
their money There is nothing wrong
or unusual about that They surely
cannot lawfully hold and operate the
roads while they are daily violating
the charters through which they de-
rive all their rights The roads are,
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