HON w. c. FLAOG S ADDRESS. 345 



HON. W. C. FLAGG S ADDRESS ON THE REGULATION OF 

 RAILROADS. 



When the subject of State legislation to control the rates 

 of transportation came on, Mr. Flagg addressed the Conven 

 tion at length, substantially as follows : 



In their original conception and execution, railroads were private 

 property ; built upon private laud, or by special permission of the 

 people through whose land they run. This kind of a road might 

 justly claim to be exempt from all government regulations, except 

 police regulation, so long as it did not offer itself to do the business 

 of a common carrier ; if it would do only the business of the persons 

 owning the road ; would undertake no public function, and would 

 not exercise the power of eminent domain conferred upon it by the 

 sovereign power. This is the kind of railway that attorneys ought to 

 be talking about, when they deny the right of government to inter 

 fere with railway management. But railways of that kind were few 

 and unimportant. Government generally was requested by the rail 

 ways themselves to interfere in the inception of their enterprise, to 

 the extent, at least, of giving certain privileges to a corporation, in 

 cluding the right to condemn and use the land of others. This was 

 done through a charter granted by the Legislature, under a general or 

 special law. In this country most of the railway charters were granted 

 by or under a State law ; by special act or under general laws ; but a 

 few lines have been chartered through the Territories by act of Con 

 gress. 



By these charters, the State transferred, or attempted to transfer, 

 its right of eminent domain to the railway company, so that it may 

 go and take possession of such lands as it may need, on the alleged 

 ground of its being for the public use ; and also the town, county, or 

 township may vote subsidies to the railway company, on the ground 

 that such donation will be for the public benefit. The railway was 

 then vested with a public function. The State had given it privi 

 leges which it had no right to give, or else the railroad company was 

 no longer a private company, and owes special duties to the public. 



Any one conveying for hire becomes a public carrier. 



The railway was a common carrier, and a good deal more. In the 

 nature of the case, it was its duty to make a special point of serving 



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