Omaha daily bee., 1905-06-18

The right of the state to exercise legis-
lative control over railroads rests upon
the principle that railways are public
highways. Were they not public highways
1t would be beyond legislative power to
delegate to the railroads the sovereign
power Of eminent domain. 1t Is only as
public highways that the existence of the
railways can be reconciled with their com
pulsory acquisition of their right-of-way.
The actual regulation and control of these
highways IN the interest OF the public Is
the sole method by which these rights can
be vindlcated This is still the controlling
principle of railroad International as well
as state.
At the outset, the people of the United
States were favorably disposed towards
railroads and every inducement was held
out to railroad builders for the construc-
ton and extension OF railW ays. The con-
trast between the old and the new mode
of transportation was so great and the
public appreciated so highly the superior
conveniences afforded by the latter that for
years the abuses practiced by the early
railroads were scarcely noticed, or II they
did attract the attention OF the public
they appeared more like necessary features
Of the new system of transportation than
like abuses.
Evils Gradually Increased.
The evils gradually increased, but for
years no attempt was made to check their
growth. Railroad managers construed this
failure Of the people TO interfere with or
even protest against their unjust practices
as a quasi sanction Of their course and
soon claimed to do by right what they
had formerly done by sufferance. The evils
increased until the patience of the people
finally became exhausted. While the peo-
pie thus for years dealt very leniently with
the railroad companies, the principle of
state control had never been surrendered,
but, on the contrary, was asserted in state
constitutions, railway Incorporation laws
and charters. The constitution OF
Nebraska adopted in 1875, expressly pro-
vides that no railroad operated in the
state shall exercise the right of eminent
domain unless It comedies to the state the
regulation of its rates.
The right of the state to regulate rail-
ways has been affirmed by numerous de-
cislons Of the higher state and federal
courts. The regulation of the railways by
the state has been most frequently op-
posed by the claim that the chartered
rights Of the corporation are violated by
1t. No agreement has ever been made by
any legislature in which it distinctly and
in direct terms abjured the right of regu-
lating the railways which 1t chartered.
The decisions of our highest courts, be-
ginning with the Granger cases and
down to the present day, completely over
turn this claim of vested rights which the
railway lawyers have set up as consti-
tuting an inviolable contract.
Right to Regulate Railways.
AS far back as 1868 the legislature Of the
state of Iowa in transferring the grant of
| lands originally made to tho Mississippi
& Missouri Railroad company. to the Rock
| Islend road expressly provided that it was to
be upon the condition that "the said railroad
company accepting the provisions of this
act, shall at all times be subject to such
rules, regulations and rates Of tariff for The