Monopolies -- United States; Railroads and state -- United States
The passage of the last named act aroused unusual commotion along the
proposed railroad line from Cedar Falls, via Fort Dodge, to Sioux City,
in consequence of the railroad managers declaring that not another mile
of that road would ever be built until the proviso for control should be
repealed. Work ceased along the line; the laborers were discharged; the
people who expected a railroad through their country became alarmed.
Meetings were held at Fort Dodge, Sioux City, and other points, and
extraordinary efforts were put forth to induce Governor Stone to call an
extra session of the legislature for the purpose of repealing the
so-called "_Doud Amendment_." A committee of prominent citizens was
appointed to visit, in person, the members of the general assembly, and
have them sign a request to the governor in favor of an extra session.
This committee, knowing my record on this question, did not do me the
honor of a personal visit, but they sent me a letter (still in my
possession), to which I replied through the public press, strongly
opposing their movement, and, after reciting a portion of the facts
herein recapitulated, earnestly requested them to let the Doud Amendment
alone; for I believed it to be one of the wisest measures ever enacted
by our legislature, and, having been one of its foremost advocates in
that body, I would still defend it. The effort to call an extra session
failed, and the railroad managers in the north, finding their efforts,
in that instance, vain, after frightening the people nearly a year,
concluded to go to work again, and so the building of that road went on
to completion.
We had now succeeded in making the question of control a matter of
contract between the state and the companies above named; so that, so
far as they are concerned, no person or authority can question that
_right_. Some of these roads being parallel lines across the state, the
limitation of their charges will virtually control the others.
I have always maintained that the state, by virtue of her sovereignty,
possesses the right to regulate and limit railroad charges, whenever the
public necessity, or the public welfare requires such limitation,
without any special reservation in any charter or contract. But inasmuch
as eminent counsel denied it, I was one of the original prompters and
friends of the "Doud Amendment." I was this for the further reason,
also, that history teaches me that when the interpretation of
constitutions or doubtful laws, in cases where the poor and humble were
on one side and wealth and power on the other side, that interpretation
has been almost invariably on the side of wealth and power.
Public-domain text, read in full here on John Shaqi.
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