The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
While the State thus for years dealt very leniently with the railroad
companies, the laws of Iowa had from the beginning of railroad building
emphasized the principle of State control. This principle was asserted
in the very first railroad act ever passed in the State. Section 14 of
chapter I. of the acts of the extra session of the Fifth General
Assembly, regranting to the various railroad companies the lands granted
to the State by Congress for railroad purposes, provides that "railroad
companies accepting the provisions of this act shall at all times be
subject to such rules and regulations as may from time to time be
enacted and provided for by the General Assembly of Iowa...." In 1866 an
attempt was made in the General Assembly to regulate rates, but the
Attorney-General, to whom the question of constitutionality was
submitted, held in his opinion that it was not in the power of the
legislature to prescribe rates for railroad companies. This opinion
provoked much indignation among the people of the State, and led to the
expression of a sound public opinion by legislative acts which could not
be misunderstood.
When the Twelfth General Assembly (in 1868) regranted to the Chicago,
Rock Island and Pacific Railroad Company the lands originally granted
to the Mississippi and Missouri Company, it only did so upon the
condition that "said railroad company, accepting the provisions of this
act, shall at all times be subject to such rules, regulations and rates
of tariff for transportation of freight and passengers as may from time
to time be enacted and provided for by the General Assembly of the State
of Iowa...." The same restricting clause, known as the Doud Amendment,
was added to all other land grant acts passed by the Twelfth and
subsequent General Assemblies, and the various companies willingly and
gladly accepted it.
Public-domain text, read in full here on John Shaqi.
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