Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-12-01

ber was higher than any agreement
1t was fundamental. 1t was some
thing out of which the pathway grew,
not something growing out of the
pathway.
Society advanced from the simple
association of families to tribes, from
tribes to nations; wants increased, ac-
tivities multiplied. fhe nOmadic stage
was passed and settled modes Of life
adopted. Communal tenure of land
was superseded by private ownership
of land, the volume, the extent tho
variety, the complexities of trade, Of
travel, OF interchange and exchange
increased, multiplied with every step
that heightened the productive pow
er and raised the wants of the people
The means of Interchange improved
The winding pathway, established by
acquiescence in a habitual course, was
improved to become a highway, with
private ownership of land. The ad-
vance thus far was through centuries,
and 1t was attended with its share OF
questions. of doubling, disputing,
Kindly graphing with new problems,
and finally settling them, which we
call the development of society.
There was one principle which was
recognized In the first pathway and
which evolution but demonstrated the
more to be essential, namely, that ev-
cry man should have equal right In
the use II the way, side by side with
his right to life and with his right to
be protected by the state in his prop
erty. This right to equal use in ave
nues of commerce, at whatever stage
from the primeval pathway to the
present, has been recognized, accord
ed, and protected. 1t is higher than
rights growing out of contract 1t is
Of the class called political rights. 1t
is inalienable. II is one of those
rights of especial interest to the state
10 conserve.
The liberty of the individual, hia
right to property, ar cependent upon
his Unrestricted use of the ways OF
locomotion or OF exchange. for the
man who is denied the equal use OF
the ways is as much handicapped in
the struggle OF life as IL he wero
denied security in his person or his
property. Advancement has but
heightened each mans. as well as all
society's. dependence upon the high
ways. Advancement indeed Itself,
implies and rests upon the public way.
for II is through the interchange over
the way that society has advanced.
The street is part of the state.
II IL was a primary function OF
government in the crude beginning
Of society to protect each man in his
right to equal use in the highways.
every step in advance has but drawn
the government closer and bound il
up with the conservation oY this fun
damental right. The ruling principle
through 1t all is "A public welfare, the
need on the part of all that funda-
mental right should be conserved to
each.
Now while commerce had its move
mont over the primeval pathway OF
over the turnpike, or canal OF the
later date, men never forgot or were
Indifferent TO this principle so vital
to their interest. But when the mod
ern highway Of commerce. the road
Of steel. came upon society suddenly,
changing the measure of equipment
to include the vehicle as well as the
roadway; when the immensity of in
vestment and expenditure of individ-
ual energy and initiative made it ex-
pedient that the providing OF these
means Of Intercourse be delegated to
private enterprise, Notwithstanding
this delegation was by charter to cor
porations which recognized the pub
lie character OF their undertaking.
there followed a period of confusion
and Indifference toward the great
underlying principle Of the highway.
Men seemed to lose sight of their
overmastering political right In the
highway. or to merge 1t in or sub
merge IT in the cantractual right aris
Ing out OF their relation to the cor !
poration that had built the highway.
That the man. who. BY one way oi