Monopolies -- United States; Railroads and state -- United States
_First._--It is announced that railroad corporations have the right of
eminent domain, that this right is an attribute of sovereignty; and for
this reason they must be considered public corporations. We have
referred to this already, but refer to it again for the purpose of
showing that the argument is not sound. The right of eminent domain is
possessed by the supreme power of the nation. It belongs to all
governments. Of right it is not inherent in, nor can it be acquired by,
any private person or corporation. If the right is ever exercised by any
corporation, company, or individual, it must be by the permission of the
governing power; in this country by legislative grant. If it belonged to
corporations they could exercise it without the consent of the
legislature. They could themselves decide how, when, and where they
would exercise it. They could prescribe the mode of condemning the
property of others to their own use, and no power in government could
question their acts. It will not be contended that without special
legislative enactment, railroad companies could appropriate the property
of others for the purpose of building their roads upon it. All will
agree that before they can do this, the legislature must confer the
right upon them. Does the act of granting to corporations the right to
build their roads through the property of others confer upon them any of
the attributes of sovereignty? If so, the legislature possesses the
power of granting its attributes to corporations or to any private
person. It would be immaterial whether a single person, a company, or a
corporation, desired to build a railroad. To make such person, company,
or corporation a part of the government, the legislature need but
delegate to the party desiring to build a railroad the right of eminent
domain; and from that moment the individual or corporation becomes a
part of the government. A moment's reflection will convince the reader
that the position is untenable. If one of the attributes of sovereignty
can be _farmed out_ to railroad corporations, another can be to some
other interest, and in process of time the government itself would
become a mere skeleton, having delegated all its powers to private
parties, remaining only a government in name. From time immemorial, the
legislature has granted to various parties the same kind of privileges
that are granted to railroad companies; yet it never was, and is not now
claimed, that because of such grants, the parties obtaining them became
public corporations, or that they were clothed with any of the
attributes of sovereignty. Ferry companies, plank-road companies, and
turnpike road companies, have been chartered with power to take the
property of others, and place their ferries, buildings, and roads upon
the property so taken, upon payment of the appraised value. In many of
the states laws have been enacted under which private parties have been
granted the same privilege. Persons building mills are permitted to
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