The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1905-12-01
PUBLIC OWNERSHIP.
Attorney Ernst Gives His Views on the Question
of Public Utilities.

home rule party. His cry is vested
rights, vested interest, sacred rights.
Whoever heard of railroad or
transportation line stopping work OF
being blocked because of the vested
right OF property owners along the
line of construction? The farmel'
and small property owner has a right
to say we have titles in fee to our
property and ought not be disturbed.
Do the railroads stop? No. They exer-
else the right of eminent domain by
proceedings of appropriation In probate
court. The street railway will say
that we have franchise right. Very
well. Is that any more than @ con-
tract right for limited number Of
years? Certainly not. If railroad
! corporations can exercise the right of
eminent domain over property In fee,
| why ought not the sovereign people
Of municipality exercise the same
right over franchise property" The
title to property in fee and to fran
chise property Is no stronger than the
contract right in which the principle
of estoppel may not work effectually,
by preventing the other party from
acting until the franchise limit has
been reached.
But where is the principle Of estop-
pei used to prevent the exercise of the
right Of eminent domain? Can you
estop railroad in the exercise Of this
right? If so, the reader may furnish
an instance.
Public necessity is stronger claim
than title in fee or franchise right;
and public necessity grows out Of still
broader principles, known as public
expediency and public policy. II the
public necessity exists, the right of
eminent domain can be exercised.
After the way is clear as to the ac-
formidable difhculty. in the minds of
many, is to be overcome. II takes
money to buy railroads, and now to
the discussion of this proposition. At
the November election the people of
Ohio voted, by an overwhelming ma
jority, that state, county, municipal.
township and village bonds shall be
Canton has no other way to raise
money than by taxation. 1t may issue
bonds, but, after all, when they be-
come due, they must be- paid by
money taken from the people. The
purchase money for the Canton Street
railroad is not to be raised by taxa
uon. This money is already earned
nd dtr 20 tn, nf tel
kind. In the banks of Canton are de-
posits beloging to the people, If the
sworn statements Of the bank officials
are true, in the neighborhood of three
million dollars. Some of this money
is ON time deposits, and some on call.
The majority Of this money is not |
yielding over per cent to the deposit |
tor, and could be withdrawn in a
year, and invested in long time bonds,
yielding per cent interest and no tax,
in small denominations from S25 up tol
$4,000. so that every man, woman and
child could invest s25 or more in the |
Canton street railroad bonds. These
bonds are not only for the rich, but
for the poor. These bonds can be sold
at par to the people who patronize the |
railway, and no one to own more than |
a limited amount. This is not stock |
company, In which the number of |
stocks count as so many votes, but
rich and poor alike would have one
vote in the management, at the regu- |
lar municipal election.
Under the present arrangement, the
management would come under the
control of the board of public service.
I venture the prediction that If the
people Of Canton and vicinity should
have the opportunity to subscribe for
6 per cent Canton street railway
bonds, without any tax, that the en-
tire amount would be subscribed in
one week. If the depositors would
not desire to withdraw their money
for this investment, there would be
at least 100000 surplus each year from
the earnings Of the laboring people
alone. The management Of the street |
railway by the city would be the best
service for the people. The people all
patrons of their own investment, maxi
ing 1t doubly profitable.
We have simply outlined plan for
public discussion and hope the pub
lice will take up the thread and dis
cuss it more In detail.
N. A. ERNST.