Monopolies -- United States; Railroads and state -- United States
_Second._--It has also been decided by the courts that railroads are
public highways (an absurdity on its face, that under the law railroads
are public highways, while they are owned and controlled by private
companies, who become public corporations because of one of the
attributes of sovereignty having been conferred upon them), and that,
because they are public highways, taxes can be levied upon the people
for building and repairing them. The fact being admitted that private
parties own and control railroads; that the government receives no part
of their earnings, and that neither the government nor private persons
can ride upon them without paying for the privilege, or procuring a
pass, and that no freights can be shipped over them without payment of
the amounts demanded, seems to conflict with the decisions of the
courts. Under the decisions of the supreme court, the property of the
citizen is taken from him without compensation, and bestowed upon a
private corporation, and the plain provision of the constitution has
received a new interpretation, which compels the property owners to
bestow a part of it on corporations without any consideration whatever.
The situation is about as follows: When a conflict arises between the
people and railroad corporations, or when the legislature attempts to
reform abuses practiced by them, the courts hold that railroad charters
are in the nature of contracts, and that the legislature can neither
alter, amend, or repeal them. The companies are then treated as private
corporations. In proof of this look at the following decision, of recent
date:--
"SUPREME COURT OF THE UNITED STATES.
"_The Wilmington & Weldon Railroad Company, Plaintiff in error, vs.
John A. Reid, Sheriff, etc.--In error to the Supreme Court of the
State of North Carolina._
"Mr. Justice Davis delivered the opinion of the court:--
Public-domain text, read in full here on John Shaqi.
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