JUDGE TIPTON S DECISION. 



295 



administration of the public property (right of way) put into their 

 hands as such agents, to be administered to subserve public interests. 

 * &quot; The lines of railways in this State are public highways. Their 

 use is for the people at large, for travelers and shippers. They are 

 compelled, as before stated, to receive and transport passengers and 

 freight according to the usage of the corporations. The public 

 have an easement over the roads, the right to which, in its proper 

 exercise, is as sacred as the right of individual property, or the right 



The Highway of Civilization. 



of the corporation to collect tolls or compensation. The right to 

 the use resides in the public, and is above the control of the corpora 

 tion. In the very act of fixing tolls or rates, the corporations are 

 only exercising the power delegated to them as public agents, in the 

 administration of the public property, which is put into their hands 

 by the exercise of the highest power of sovereignty. The legisla 

 ture evidently has power to protect the public right in the use of 

 easement, and to protect it in the enjoyment of it, at reasonable 



