Pine Bluff daily graphic., 1904-12-20

me property condemned and valued
by jury and, upon the payment Of
The assessed valuation. take possess
:oa Of it with a fee simple title,
whether its owner is wiling or III
willing.
No private individual has any such
right or power. The richest or mos
powerful grocery merchant or man
ufaerurer in the land can not pick oHt
any piece Of land which pleases him,
belonging 70 another, and obIige the
owner to deed II to him. whether he
may wish 10 or not, because he the
grocery man may think The ground
would be desirable site for a store
or a factory. This belongs sole.
ly 10 the state. and is % he used Only
for the public welfare In granting
.tS charter 70 the railroad HE state
delegates that much Of It's authority
10 5he corporation, aad, ipso tacta.
the corporation tLeyeapon succeeds
10 he duty OF the state 10 nro.ee-
The Interests Of all The people >~ecred
by nat PAT of Is power which :
has 50 received.
L the state had built the railroad
Itself and the people had taxed them.
selves IL nay for II, who is thare e
question the leaal and moral right q
I'll the citizens . equal and impair.
val trearmenc IN the matter of pro.
lection. either az to rates or sfeeia
privileges The railroad corporation.
II considerations which it deeme
highly valuable has assumed 5ha
particular part of the duty OF the
state. and Is legally and morally bound
- Ike UP to these conditions whica
4.ere parr OF The consideration By
which il received It's charter.
And that is why the state govern-
menr has the right. which can never
be alienated. 10 inquire into and i
necessary, regulate the tariffs OF rail
roads. SO long as the railroad oper-
ates solely within the territorial linz
its Of the state II may or may nor,
come to point in lis construction
where the federal government mus
be consulted and additional powers
and the right Of eminent domain
again obtained from that soure4
furthermore, the constitution O. t2a
[ nited States, article /. section !.
page ,. provides that Congress shasa
have power to regulate commerce
with foreisn 9afioas and amoae
| he states. and with the Indian
tribes an2 again. PARAGRAPH .. TO
tribunals inferior 70 n
supreme eoart.
Tho" Is no more Tita prfHcip
iaveI4etl IL se@H35+i.ae- commerce t1..1
the aae rasas a. which c0laa3.rt5
.ha14 be carried. ami CONGRESS =
-#}sa. ezpIicttly rh- power ~ re-..
3are commerce.. 0Hr federal ye91-
~ ~ chosen ~ .sc0nstifnte a.
s.aaaal' n which it can veSr. te-
'sartz. ehs power. This fftbunag.
BROWN a. th@ fatersra1e commerce
.sl -ie. is nerelv acting far co
or Lie Government. and. Whit
ii exists, represents all 5hel-= ti98.s
en1 egtio-
Tfa 4ovaranenr can delegate frls1
mech a4 j0st IS Ii5tIa OF its power
~ this tribunal as it may wish. bue.
50 faag as il selecrs that tribunal 10
acr Tor IL within the limitations Of
the particular purpose for which If
Na5 created that commission Is
ound tust as the government it-e1
il bound. % sce=thar eiaal right an4
equal protection are eyten1ei to all
the people alike
Il is week. absurd and entirely in
defensible ROT 20 qualify that con-.
mission with the same power to ea.
force its decisions thai the govern
meat makes nse of when it enforces
The decree Of one of It's federal court
Therefore. he efate aaa federal gov
eminent bofh have The rieh' % super
Nse the .ates q fre.sht mace hy
railroads because OF the rieht of omi.
nent domain With which the corpora
"on has heen entrusted
The grocery arsument 50 calle1
should stop
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