The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-11

pc thrown on and ignored or eVaCed Inc
incorporated labor was therefore in strong
demand, and, to save themselves, the old
labor union had to incorporate also and
become legally responsible Tor the main
tenance Of their contracts.
Such an ultimate solution of this prob
lem is quite possible. The abolition of
wan between nations is not so easy.
The proposition to pension Mrs. Nc
Kinley, and the other one to pay the ex-
presidents salary of $4,000 a year,
should be rejected by congress. Mrs.
Mckinley is well provided for by the late
presidents estate, and there is no good
reason why an ex president should be paid
salary.
RAILROADS AS AGENTS OF THE STATE
In his strong plea for the support OF
the farmers of the northwest, at Fargo,
vest erday, j. j.. Hill; uttered the follow
ing truism:
Hallway companies, as carriers, are subject
to supervision and control by the public for
the purpose of nsuring the performance of
their obligations to the public.
This is a frank recognition Of the par
amountcy of the people over the rail
roads. But, while it is one that all rail-
way managers, and all lawyers know to
be indisrutable, railway companies have
talked SO emphatically of late years about
doing as they please with their own prop
erty that a large part of the public has
failed to keep in mind the distinction
between a railroad property and a pri-
vate property.
Even SO long ago as 1883, the railways,
forgetful of the fundamental relation on
which their large powers were entrusted
to them, had begun to act as if their
property was as private property. And SO
much had they misled public opinion
that the late Jere S. Black, the eminent
Pennsylvania jurist, found it necessary to
appear before the Judiciary committee of
the senate of his state, to remind the
lawmakers of the nature Of the relation
between railway corporations and the
state. eve, the people," said Mr.. Black,
'haVe rights Of property, as we'll as the
corporations, and ours are-or ought to
be-as sacred AS theirs. Between the
great domain which we have coded to
them, and that which belongs to us, the
if they cross it for purposes Of plumber,
they should he driven back under the
lash OF the law" Mr.. Black then pro-
| ceeded to lay down some of the funda-
| mental facts Of the relations existing be-
| tween the state and the railway.
In the first place, the railway COM
| pany does not actually own the thorough
| fare it uses. It belongs to the state,
| which, under the power Of eminent do
main, takes it:away from the; private cit
| izen, the country farm and the city lot,
| often to the injury Of the citizen; and
| turns it over to tie railway company,
that it may build q railway thereon, and
operate it for the use and benefit of the
people. The railway corporations are
public agents. They have no more pro-
prietary right or title to the public do
| main they use than township superVis-
o-s have to the wagon roads they build.
This principle. Judge Black declared, is
the legal basis of the practice of issu-
ing public bonds or appropriating public
moneys to assist the building of rail-
roads. The supreme court Of the United
States has affirmed it in scores Of cases.
After reviewing the contention of the
railway corporations that they owed no
responsibility to the state, more than
individuals engaged in private business,
Judge Black laid down some legal opin-
ions that are not l8ss than startling in
these days when the railways have OBJ
tanned in practice SO much more than they
are entitled to in legal theory.
| Il aver" he said, that a man or a
corporation appointed to do a public duty
| must perform it with an eye single to
the public interest. If he perverts his
authority to purposes of private gain, he
is guilty of corruption, and all who aid
and abet him are his accomplices in
crime.
ga railroad corporation is part OF
the civil government, as much as city
corporation. The officers of the former
as much as the latter, are agents and
trustees of the public, and the public has
| all luIeieSI pIeClSely Slul1e1l III lue l1uel-
ity Of both. Why, then, should partial
ity, or extortion, be condemned as Grim
inal in the one If 1t be tolerated as fail
business when practised by the others?'
The functions of railroad corporations
are clearly defined. Without proprietary
right in the highways, they are appointed
to superintend them for the owners. They
are authorized to compensate themselves
by levying upon all who use the road g
toll or tax-passenger and freight rates
But this tax must be fixed, reasonable
certain and uniform. .5..@.
How often have railway corporations
departed far from, this high and indis.
putably correct conception of their duties
The servants and officials Of the state
they have plotted against it, they have
practiced extortion on those who Gre
ated them; the agents of the public the!
have used their offices to injure the
public, and as a means of speculation t
the advancement of private interests
They have not always kept their rate.
fixed reasonable, uniform, or certain: The!
have used their public powers to assis
some citizens and ruin others. And tn,
very railway official who uses his public
position to promote his private interests
SCOTS and contemns the corrupt city of
!, fetal. who does no more than he.
While it is the custom to say mucl