ARE RAILROADS PUBLIC ENEMIES? 157 



always the shape of a duty and never the shape of a privilege granted 

 that railroads are quasi-\>uh\'iG corporations, it would appear to follow 

 since they are only quasi-public, that they have still some elements 

 of a private nature ; and (since it is their private and not their public 

 character which continues) that it is by this private character they 

 must be continually judged. Granted that they must carry freights 

 for the public in such a way as not to injure either the public or the 

 freight in the carrying, most emphatically (it seems to me) it does not 

 follow that they must add to the value of the freights they carry by 

 charging only such rates as the public, or the owners of the freight, 

 insist on. Mr. Hudson, as a member of society, has a presumptive 

 right to light and air ; to life, liberty, and the pursuit of happiness. 

 Supposing that society should pass one law affirmatively compelling 

 Mr. Hudson to recognize his neighbor's rights to life, liberty, and the 

 pursuit of happiness ; and, on top of that, another restraining him 

 from interfering with these rights ; still another compelling him to 

 positively contribute in cash or services to the life, liberty, and the 

 pursuit of happiness of his neighbors ; and add to all these a still fur- 

 ther law taking away his (Mr. Hudson's) own life, liberty, etc., because 

 he had not in the past so contributed ? "Would not Mr. Hudson begin 

 after a while to consider the propriety of looking up his own consti- 

 tutional privileges ; or, possibly, the charter of the particular society 

 that was enacting all these statutes ? or query, perhaps, if the mere 

 grant of power to breathe himself were a fair consideration for the 

 burden of seeing to it that the entire neighborhood breathed ? But 

 our laws are daily imposing upon the railway companies they have char- 

 tered (on account of this so-called ^Mtm-public character which the 

 once granting of this long-lapsed power of eminent domain has saddled 

 upon them) the duty of carrying whatever of passengers or freight is 

 offered of reasonably accommodating the public of forfeiture of 

 their charter if, even at a loss, trains are not so run as to accommodate 

 reasonably ; of operating, whether at a profit or at a deficit (under pen- 

 alties for refusal to perform services desired of them) under a burden 

 of proof always to prove a negative if the refusal is alleged of them 

 under a disadvantage always before a jury and of being obliged to 

 accept the jury always of the locality where ideas of value and damage 

 are the largest. Liabilities always to patrons, servants, abutters and 

 adjoiners ; to the State ; compelled to pay damages for accidents caused 

 by trespasses on their own rights of way ; to maintain alert and vigi- 

 lant counsel always to watch, lest at any moment they inadvertently 

 overlook any of the thousands of statutes that thirty-eight Legis- 

 latures are annually pouring from the legislative mill ; black-mailed 

 on every hand, and always under the conviction that the average citi- 

 zen sees no dishonesty in getting the better of them by dodging fares, 

 or getting passes under false pretenses ; and, if they receive a public 

 gift of land, having it at once consti'ued against them and carried to 



