The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-11-02

and by the highest court in the lana
confirmed.
In deciding the case Judge Turner
said:
The state takes particular care OF
the construction, maintenance OF 1ree-
dom Of highways. Tolls have never
been levied save by state authority In
tervention of a state is necessary to
force a right of way through private
property, or to permit to cross nav
igable stream or public highway.and
every public railroad and it's rolling
stock and corporate powers are not for
the railroad company's own use prim-
arily and principally, but for public
use. The public and not the railroad
company determines that use. What
ever is for the sound interests of the
public that railroads trains and depOts
be used for to that use they ought to
and ultimately will come.
Rates Must be Reasonable.
The tolls which defendant has a
right to fix under Section Is of it's
charter are such only as are reason
able. Grant of the right of way is on
the theory that the proposed road is
to be constructed and operated for pub
lie use and convenience. and fares
therefor cannot be fixed so high as to
render the road useless or inconvenient
to the public. Whatever is reasonable
is convenient, and whatever is unreal
sonable is inconvenient.
Corporations being under the state
for the purpose of governmental pro-
lection, must also be under the state
for the purpose of governmental con-
troll. Notwithstanding franchises.
The courts must decide whether the
Legislature, which is one organ of the
state, or the owner of the franchise,
which is another acts fairly for the
else Of the franchise. And in the
courts the public have and Will find
an all sufficient bulwark against cor
pOrate oppression, and the corporatio
will find security against unjust legis-
lation.
Railroads, whether built, owned and
conducted by the state or by private
corporations, and whether eXacting
tolls or free, are public highways. In
consideration of the franchises they
receive from the state. railroad cor
pOrations agree to perform certain du-
ties towards the public. and the power
of determining those duties and en-
forcing their performance is vested in
the appropriate tribunals of the state
Railroads Not the Judges.
ITO make railroad directors the sole
and ultimate judges of the time and
places when and where the corpora
tiOnS will receive and convey articles
on the line of its road would give to
the railroad corporations the power to
control the markets of the country, to
create a surplus or q famine in agri-
cultural. mineral and other products.
to raise or reduce the price of labor.
and to promote or retard prosperity
and welfare of towns, cities and coun-
try A construction that leads to such
results is inconsistent with the nature
of the grant to the defendant corpora
ton. contrary to its spirit, and sub
versive of the public objects it was in
tended to promote
These principles governing the con-
laid down by Judge Turner eighteen
years ago and at that time received the
sanction of the highest judicial tribu-
nal in the land. They are the princi-
pies upon which he acted in urging the
state constitutional convention to pro-
vide for a railroad commission. They
are the principles upon which he acted
in urging rate-reduction bills upon the
legislatures of 1895 and 1897. They are
the principles upon which he acted in
urging the commission bill upon the
legislature of 1897. They are the prin
ciples upon which he is fighting the
present campaign against railroad
domination in politics. in the state
legislature, in the state government.
They are no less sound now than they
were when first approved by the
Jnitel states supreme court.