Year: 1871

the combination Of capital IN associations for
the execution of enterprises involving too.
much capital TO be undertaken or too much
risk to be incurred by individuals. These
associations are provided for here under gen.
eral laws, and have doubtless aided very
much in he rapid development Of the mate.
rial resources of this State, as similar ones
have done in other States They are usually
endowed also with special franchises or privi-
leges. IN the case Of railways the sovereign
power of emincp, domain is exerted in their
behalf, and feel bound to say that it has
been excrtcd in bis State in some instances
opprcssively and without a just regard for
the rights of private citizens.


am not wanting in appreciation OF the
great advantages to accrue from develop
ment of our railroad system, but this should
be made in harmony with the rights of pri-
vatc citizens to the possession and enjoy
ment of their property. The Constitution
declares that private property shall NOT be
taken for public use without just compensa-
ton. In this State, in the face Of this pro-
vision, corporations are permitted to enter
F.. into possession before the final termination
of proceedings for the condemnation of prop
erty, and of course before any compensation
is, in fact, made to the owner. Indeed, l
cannot avoid the conviction that the right
of the citizen to his property, ard the tor,e
and effect of constitutional provisions have
been lost sight of, and the organic law yrtu-
ally abrogated in order 10 facilitate the opera
tons Ct corporations.


| Courts cannot now be justly condemned
for following current of judicial decisions
and where the currcn, is 80 strong that the
courts feel unable to afford a remedy, one
ought TO be promptly applied, either by the
legislative authority or by change in tho
organic law.


The sanctity of private property cannot lo
too jealously guarded. It's real or supposed
violation has been the origin Of the over
throw of governments, and Of more revolu-
tionary resistance TO authority than any one
cause, perhaps, or than all other causes COM
! bned.


In this State, prior to 1869, the right of
the Legislature to provide for the taxation o.
private property ip aid Of railroad corpora
tions had been acquiesced in with very slight
opposition, the laws providing for the issu
ance cf county bonds to lese corporations
to aid the construction both of general and
local lines of road lad been enacted at sew
eral sessions, including the last session, with
out any considerable opposition except to the
details of the measures.


The main principle involved met with so
general concurrence that opposition to it
seemed idle. At the close Of the last scs-
sion, my own attention, for the first time,
was seriously fixed upon the results Of this
kind of legislation in other States, and tho
probable consequences Of it here. The more
reflected upon it apd examined it the
stronger was my conviction that it was not
authorized under the Constitution, if The
question could be regarded as an original
one, apart from previous decisions, and at all
events that if constitutional it was traught
with mischief and injustice, and would re-
suit in great evil to the State unless promptly
arrested. The question whose duty it was
to endeavor to arouse public sentiment and
seek to array it against the system, was one
that did not admit of much doubt. Public
office brings with it certain manifest duties
and responsibilities. Any Executive, placed
in cfiicc to guard the interests and promote
the welfare OF the people, who would permit
himself to be prey ented from acting upon
his clear and deliberate Judgment, either by
fear of abuse and calumhy, or of charge Of
Inconsistency, would be unworthy Of his po-
sion and of public confidence.


did not give myself much concern as to
either result, but, after forming such opn-
ions, complied with plain duty in urging
the people of the State to oppose every
method of taxing private property for ihe
benefit OF. corporations of any character. 1t
| = l. l.. 4 &I, L.
faith could not justly be impugped, took
different view of the subject, and deemed
the system of subsidies to be not only con-
stitutional but just, exped ent, and indeed
necessary. ! have no disposition to reflect
upon these who entertained these views, but
Tie people in the recent conventions OF both
parties have emphatic lily declared against
every species of taxation for the benefit of
private corporations, and in favor of repeal
ing the five per cent. law, and Of amending
the State Constitution so as to prohibit all
such legislation in future. That the Legis
lature will give effect to the popular will so
clearly expressed, does not admit of doubt.


Aside from the question of eminent do
main and of taxation of private property,
another of great importance to the people Is
the subject of regulating the charges upon
railways.


This power is vested in the Legislature,
and is exerted in the general law under which
these corporations are formed, The present
maximum rate of fare is ten cents per mile,
and of freight fifteen cents per ton per mile


These rates are so excessive that in fact
they are never charged Or collected. Com
plants are made, however, in some sections
that the railway charges for freight are so
| high as almost TO prevent The use of the lines
for transportation, ard similar complaints ae
made as to the fares


The rates should be reduced Q such fig