The Boise citizen. (Boise, Idaho) 1906-1910, 1908-02-14
CONTROL OF RAILROADS.

travel on the railroads of that state unconstton
by of four to three of the judges Philadelphia
strong and vigorous editorial dissenting the decision gives
tracts from the writings Of Judge Jeremiah Black the great Penn
ana Democrat of the latter half of the nineteenth century,
from President Garfield and Judge Mesrza of the dssen
Judges These opinions from eminent worthy Of b
by every question involved and we pen
them herewith Judge Black said:
The police authority of which she disarm herself if
would enables her regulate the private property
manner that neither the general public particular individuals
be made to suffer by unusty Upon that principle you for
excessive rates Of interest upon the loan Of money fix the charges
hacdrvers ferrmen avekeepers grar
elevators
Besides all that the State abolish monopoly bring
terms of justice time by virtue of eminent property
corporal and ncoporea held upon condition that may d
vested whenever the general interest requires All and
OF incorporation subject to such modification may be necessary
prevent the from doing wrong public The principle
expressed the Constitution by the amendment of 1885,
that not its origin existed from mmenorial rule of
public and universal law 1t has always been the powers
every sovereign government applies with equal force to all
charters, whether dated before after 1885,
Justice Mestrezat in his opinion this subject says
Thpromoton of the public welfare the purpose government
and to accomplish the the sovereignty of the
with the itself The supervision transportation rates on
railroad question which involves the welfare comfort and con-
vnenceof the public be safegarded and secured
and unqueonaby they should be- the power
sovereignty and must be exercised by the Commonwealth public
corporation like railroad being the Commonwealth
under state supervision and hence it that enjoying these rights
subject to the Commonwealth the state may reg
late and cono its affairs far the welfare of the public may
demand In the exercise of this authority by Commonwealth the
corporation amply protected by constitutional provisions which will
not permit its property its corporate rights DESTROYED or in
aded These provisions require that supervisory action must be
aiken by the state that will do injustice stockholders
u the corporation is the imperative duty of the Courts see that
he constitutional right of protection of property dgy enforced
favor of corporation in an individual and fail
IN Ipcta1 hao
not to be assumed that Court the Commonwealth will neg
ect or refuse to perform this duty
i believe the power supervise charges of uuasipuc
orporaton like railroad company police power of the state
nd that the Legislature has authority abrdge delegate
TO corporation or to other body Section Article of the
resent constitution declares that the he police power of
state shall never be abridged considered permit cor
oaons to conduct their business in such infringe the
@ rights OF individuals the general welbeing of the state
his section of the constitution simply decaratoy of the rnied
over OF the state existed under all constitutions of the
Such power reserved or declared M
e constitution OF an American state because it without
h declaration This principle recognized both by the state and
uea courts Bee Interstate Consolidated Street Railway Com
my Commonwealth of Massachusetts, 1877 Mass 1876 2OY TT
~ and cases cited in these opinions The Legislature of the state
ereore had clearly the right supervise regulate the passenger
lc on the plaintiff oopany road under police power inherent
the Commonwealth
James A. Garfield said :
Since the dawn of history great toroughares have BELONGED
the peopeave been known kings highways or the nub
9hways and have been open the free of all on pavent Of
small uniform tax or toll to keep them in repair But now te
Isl perfect and by tar the most important roads known to mankind
owned and managed private property by comparatively
be OF private citizens In all uses the railroad the ~
Dnc OF all our roads and all the objects to which its work
e the railway corporations public any organization can
m te start was labeled private corporation and so far
al status concerned grouped with eeenosvarv institutions
private charities, enjoys similar inn,unies and -
remains to be seen how long the community will suffer itself TO
victim OF an abstrct definition
discussing the questions of regulation of railroads and vested
a pen'g from the application OF the principles of the
Tmouth College case to railroads. Garfield concluded
venture the opinion that features of the decision as annd
~ "d5 ana similar corporations must give way under the new