The evening times., 1900-09-25

$11. .o0o. eco eco. The second msthod is to
consider the cost of the reprodu ction CT
the roads. The third methcd. tae m Ia
cd of experience and of law. is to de-
termine what the actual market value
of the properties may be on tie marLes.
'I now desire TO file statement made
by the commissioners of the State of
Texas. with Judge Reagan as chairman
of the Commission. This statement
shows the Texas roads capitalized at
$S74,GG0,U60 while the judge and his as
sociates fInd them to be worth Si42, Geo.
coo, in round numbers, and the publ
records show the same roads to be as
sessed for taxation at $50 090,0C0."
The Powers of Governments
The project OF railway naturalization
raises a number of legal questions, the first
of which is: Does the United States Gov
ernment under its constitutional limits
tions possess the power?''
Pomeroy, speaking of this in his work
on Constitutional Law" as far back as
1877, puts the question thus; But may
Congress, under the general power to reg
ulate commerce among the States, estab-
lish. construct. or authorize the construc-
ton of bridges, roads, canals, or railways?
In the first place it is to be remarked tha.
II the commerce which is to be affected or
regulated by the bridge, railway or other
means of transit. be entirely within the
boundaries of the State Congress has no
Jurisdiction over the suDject: the State
authority Is complete. But If that COM
meTce be foreign or Interstate l think
the power in the National Legislature ex-
lists. Indeed We hardly vet know the
scope and efficacy of our supreme organic
law-the results which may be reached by
applying the general principles announced
by the tribune Of last resort Indeed, Con-
sress has several times exercised this au-
thority by authorizing bridges to be con-
structed over the Mississippi River II
would seem that the same principles apply
to the establishment of railways and ca
nails. Just eleven years subsequent to
this addition of Pomeroy the Suprems
Court Of the United States explicitly de,
termined that the power to construct ma
tional highways resided in Congress IN
the case of the State Of California vs.. Cen
Iral Pacific Railroad
The power OF Congress to condemn ex-
lsting roads has also been aff1rmatively
determined: likewise that corporate fran
ehises may be condemned: and that such
proceedings would not interfere With the
inyiolability of contracts
There are no restrictions OF limitations
upon this power, except the condition that
Just COMPENSATION be made. Even fran
NiioS ~ tNiVuSiS granted Dy Ine state may
be taken for a public use under the right
of eminent domain
The Legislature has the power to pre-
scribe mode of determining the amount
OF compensation. 1t has also the power
to select the tribunal whether jury, court
without jury. or commissioners who may
determine the amount of compensation.
The Legislature may also authorize an en-
try before payment of compensa tion, pro-
Yided ii furnishes remedy to the owner
As TO the amount of compensation eyl-
dence of the market value of the property
cost of construction depreciation. cost OF
duplication by new construction value of
stocks and bonds on the market interest
and dividends paid. all these circum-
stances are appropriate for, and admissl-
bic in evidence.
II would appear. it is said 6y Ioaners.
that Congress under the Interstate com
merce clause, the postal clause and 10
meet military eXigencies. may construct
establish, and maintain railroads; that
Congress may authorize for this purpose
an exercise Of the Federal power of emf
nent domain; and that under this power
all the railroad franchises or other cor
poTate franchises essential may be con
demned The Supreme Court of the
United States has settled affirmativeIy
each of these propositions.