Year: 1878

T'''AN A''' '''7'' ''''''


The Constitution, just adopted by


the people of Washington Territory,


has been the object OF Il great deal


of misrepresentation and abuse, up.


on the assumption that it discrimn.


ates against consolidated capital and


is communistic in its principles. The


first objection that has been most


strenuouSly urged is that it declares


railroads 'pubIic highways" open to


the use Of all on equal terms. This


means nothing more nor less than


that all may have access to them on


equal terms; that there shall be no


favoritism or determinations; thai


they shall not have the power to op


press individuals or communities


that an enemy of the railroad may


travel upon the road for the same


fare as friend; that citizens OF Sc.
attle may transport goods over the
Tacoma and Kalama railroad OF the
same terms as the citizens of Ia.
coma or kalama. 1t is only the as
sertion of common law rule. which
applies to all public carriers anu
keepers of houses of public enter.
tainment; making the necessary dis.
tinction between business of a pub.
lie aud general character and private
business; that franchises should not
be granted to corporations to carry
on a public business without render
ing them amenable to public liabili.
ties. A railroad must either be
public highway, or it must be exclu-
sive private property, with the power
of becoming a most oppressive mon
opoly. If the Northern Pacific Com.
pany should construct their railroad
across the Cascade mountains from
Tacoma, and the citizens of Seattle
should conclude to construct a branch
to connect with it at any intermedi-
ate point, if the main road was not
public highway, the managers could
make such discrimination against the
branch as would render it inopera-
tive and useless. Making the rail-
road public highway, takes not
single right from the company, but
simply guards against its being made
an instrument of wrong and oppres.
sion.


The next objection is, that it vests
in the Legislative authority of the
State the power to regulate tolls and
fares upon public highways. That
is no new power, for the Supreme
Court of the United States has al
ready determined that this power is
inherent in the State without any
constitutional provision. It. is one
of the conditions upon which special
franchises are granted, and a very
necessary provision against irksome
and odious monopoly.


Another provision of the Consti-
tuition from which dire consequences
are predicted, in repressing the in,
vestment of capital and discouraging
enterprise, is that making stockhold.
ers personally liable for debts due
for labor performed for chartered
company. This offers no obstacle to
any legitimate enterprise, though it
may not be encouraging to specula-
tive projects. Men who have money
te speculate with, have right to in
vest it in an organized scheme for
the development of a coal mine, or
any other project depending for sue
cess upon future results, but they
have no more right 10 speculate upon


the earnings OF their laborers, than


they would have to pool the money
due for labor upon the result Of


horse race or the turn of card. If
they employ labor in their own hsz.
ardous speculations, that labor must
be paid says the Constitution. If
this has the effect OF discouraging
speculative projects and turns the
capital which would be thus invested
into Legitimate enterprise, the coun.
try will not be the loser by it, and