754 



UNITED STATES. 



UNIVERSALISTS. 



the negligence of its own servants or those of 

 the railroad company. 



In the case of the Chicago, Milwaukee & 

 St. Paul Railroad Company, appealed from the 

 Wisconsin Circuit, the question was whether 

 the railroad companies in Wisconsin can re- 

 cover for transportation of property more 

 than the maximum fixed by statute, by show- 

 ing that the amount charged was no more 

 than reasonable compensation for services ren- 

 dered. The decision is that, as between the 

 company and freighter, the maximum of the 

 statute is the limit of the recovery for trans- 

 portation actually performed. If the company 

 should refuse to carry at prices fixed, and an 

 attempt should be made to forfeit its charter 

 on that account, other questions might arise 

 which would not be anticipated at this time. 

 For goods actually carried, the limit of the 

 State is the limit of recovery. 



In the case of the Chicago, Burlington & 

 Quincy Railroad Company against the Attor- 

 ney-General, which had been appealed from 

 the Iowa Circuit, the Supreme Court of the 

 United States, affirming the judgment of the 

 court below, held that a State has power to 

 control the rates of fare and freight charged 

 by a common carrier within its limits. Rail- 

 road companies are carriers for hire. They 

 are incorporated as such, and given extraordi- 

 nary powers, in order that they may better 

 sarve the public in that capacity. They are, 

 therefore, engaged in a public employment af- 

 fecting the public interest; and, under the de- 

 cision of Munn and Scott v. the State of 

 Illinois, they are subject to legislative control 

 as to their rates of fare and freight, unless pro- 

 tected by their charters. The Burlington & 

 Missouri River Railroad Company, the benefit 

 of whose charter the Chicago, Burlington & 

 Quincy Railroad Company now claims, was 

 organized under the general corporation law 

 of Iowa, with power to contract in reference 

 to its business, the same as private individuals, 

 and to establish by-laws and make all rules 

 and regulations deemed expedient in relation 

 to its affairs, but being subject nevertheless to 

 such rules and regulations as the General As- 

 sembly of Iowa might from time to time 

 enact. 



In the case of the Hannibal & St. Joseph 

 Railroad Company, the plaintiff in error ts. 

 Husen, the Supreme Court of the United 

 States, reversing the judgment of the Supreme 

 Court of Missouri, held that a State law pro- 

 hibiting the driving or transporting of cattle 

 into a State is a violation of that part of the 

 Federal Constitution which declares that " Con- 

 gress shall have power to regulate commerce 

 with the foreign nations and among the several 

 States." The statute in question was passed 

 by the Missouri Legislature in 1872, and en- 

 acted that " no Texas, Mexican, or Indian cat- 

 tle shall be driven or otherwise conveyed into 

 or remain in any county in this State between 

 the first day of March and the first day of No- 



vember in each year by any person or per- 

 sons." It further provided that " if any per- 

 son or persons shall bring into this State any 

 Texas, Mexican, or Indian cattle, in violation 

 of the first section of this act, he or they shall 

 be liable in all cases for all damages sustained 

 on account of disease communicated by said 

 cattle." Other sections made such bringing 

 of cattle into the State a criminal offense, and 

 prescribed penalties. Under the provisions 

 above quoted this action was brought against 

 the railroad company that had conveyed the 

 cattle into the county. The court conceded 

 that any State has the power to pass laws for 

 police purposes. This power may be exercised 

 in prescribing sanitary regulations, adopting 

 precautionary measures against social evils, 

 etc. Under it a State may legislate to prevent 

 the spread of crime, or pauperism, or disturb- 

 ances of the peace. It may exclude from its 

 limits convicts, paupers, idiots, and lunatics, 

 and persons likely to become a public charge, 

 as well as persons afflicted by contagious or 

 infectious diseases. This is a right founded on 

 self-defense. The same principle would justi- 

 fy the exclusion of property dangerous to the 

 property of citizens of the State ; for example, 

 animals having contagious or infectious dis- 

 eases. All these powers are in immediate con- 

 nection with the protection of persons and 

 property against noxious acts of other persons, 

 or such a use of property as is injurious to the 

 property of others. They are self-defensive. 

 But, whatever may be the nature and reach 

 of the police power of a State, it cannot be 

 exercised over a subject confined exclusively to 

 Congress by the Federal Constitution. 



UNIVERSALISTS. The General Connentim 

 of the Universalist churches in the United States 

 met at Chicago, 111., October 24th. Seventy- 

 nine clerical and lay delegates attended the ses- 

 sions. The Rev. J. D. W. Joy, of Massachu- 

 setts, was chosen president. The Board of 

 Trustees reported that their total receipts for 

 the year had been $14,939.26, and their dis- 

 bursements $14,649.29. The receipts had been 

 reduced from every source but one, the excep- 

 tional case being in the repayment of loans of 

 theological students, which had amounted to 

 $1,982, nearly twice as much as in any previ- 

 ous year. A part of the Nursery Fund, al- 

 though it was considered safely enough in- 

 vested, in the end had paid no interest, and 

 another part had lain at a very low interest 

 awaiting investment; the proceeds of the mis- 

 sionary boxes had fallen from $2,287 in 1876 

 to $1,546 in 1877; and the annual contribu- 

 tions had fallen from $5,357 in 1876 to $3,680 

 in 1877. 



The following is a summary of the statistics 

 of the Universalist churches in the United 

 States and Canada, as they are given in the 

 Universalixt Register for 1878. It contains a 

 statement of the number of the parishes, the 

 number of the families, the number of the 

 churches, and also the number of the members. 



