[1] General power to regulate property devoted to public use. Exemptions from public control,- see post, notes [16]-[21]. Effect of receivership of railroad on power to regulate,- see post, § 2, note [15]. When private property is devoted to public use, it is subject to public regulation.- Munn v. Illinois, 94 U. S. 113, affg. s. c. 69 Ill. 80. All property is held subject to the power of the state to regulate or control its use, to secure the general safety or the public welfare.Bertholf v. O'Reilly, 74 N. Y. 509. A state is not sovereign unless it have the power to regulate all its internal commerce, and to make whatever regulations it may deem most effectual, subject only to the constitutional guaranties.- Metropolitan Board of Excise v. Barrie, 34 N. Y. 657. When the common right of all the people to travel and carry upon every public highway of the state has been changed in the special instance by the legislature into a corporate franchise, to be exercised solely by a corporate body for the public benefit, to the exclusion of all other persons, it becomes the duty of the state to see to it that the franchise and functions so put in trust be faithfully administered by the trustee. People v. N. Y. C. & H. R. R. Co., 28 Hun (N. Y.), 543. When a corporation is clothed with the rights, powers and franchises of a common carrier, it becomes in law subject to governmental regulation and supervision.- State v. Atlantic C. L. R. Co., Fla. 44 So. 213. Property devoted to public use is under public control.- Lake Shore & M. S. R. Co. v. Cincinnati, S. & C. R. Co., 30 Oh. St. 604. [2] Scope of regulative power. Power of commission to investigate whether corporations subject to the Act are complying with the terms of their franchises or charters, see post, §§ 45, subdiv. 2, 48, subdiv. 2. Regulative power as affected by a reservation of the power to alter or amend charters,- see post, notes [10]-[12]. Effect of various forms of ownership and control upon power to regulate,- see post, § 2, notes [12]-[16]. Distribution of regulative power between state and federal authorities, see post, § 25, notes. Power to compel the furnishing of sidetrack connections,- see post, § 27, note [3]. Switches as part of railroad, subject to regulation,- see post, § 27, note [10]. Power of state to require posting of tariff schedules,- see post, § 28, note [1]. Legislative control over joint tariffs,- see post, § 28, note [26]. Power of legislature to forbid discriminations,- see post, § 32, note [2]. Extent of public control over connecting carriers,- see post, § 35, note [9]. Validity of long and short haul statute,- see post, § 36, note [9]. Power to regulate consolidations,- see post, § 54, note [3]. Effect of consolidation of railroads on regulative power,- see post, § 54, note [6]. General legislative control over gas and electrical corporations,— see post, § 66, notes [4]-[6]. Legislative control over rates to be charged by gas and electrical corporations,- see post, § 72, notes [1]-[3]. Validity of Rapid Transit Acts,- see post, § 83, note [1]. Railroads are the private property of their owners, and while from the public character of the work in which they are engaged the public has the power to prescribe rules for securing faithful and efficient service and equality between shippers and communities, yet in no proper sense is the public a general manager.- Interstate Com. Commission v. Ch. G. W. R. Co., 209 U. S. 108, 28 Sup. Ct. R. (U. S.) 493, affg. s. c. 141 Fed. 1003. A requirement that a company or individual comply with reasonable police regulations without compensation is the legitimate exercise of the police power and not in violation of the constitutional inhibition against the impairment of the obligation of contract.- Northern Pac. R. Co. v. Duluth, 208 U. S. 583, 28 Sup. Ct. R. (U. S.) 341, affg. s. c. 98 Minn. 429, 108 N. W. 269. To justify the state in interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.- Lawton v. Steele, 152 U. S. 133, 14 Sup. Ct. R. (U.S.) 499; Wright v. Hart, 182 N. Y. 330, 75 N. E. 404; Colon v. Lisk, 153 N. Y. 188, 47 N. E. 302. The grant to a railway of special privileges and the assumption by it, in accepting its charter, of the obligation to transport all persons and property, upon like conditions and at reasonable rates, affect the property with a public use, and hence make it subject to legislative control, not merely for the security of passengers and freight against accidents, and for the convenience of the public, but also to prevent extortion or discrimination in charges.-Georgia R. & B. Co. v. Smith, 128 U. S. 174, 9 Sup. Ct. R. (U. S.) 47, affg. s. c. 70 Ga. 694. A state has power to limit the amount of charges by railroad companies for the transportation of persons and property within its own jurisdiction, unless restrained by some contract in the charter or unless what is done amounts to a regulation of foreign or interstate commerce.- Stone v. Farmers' L. & T. Co., 116 U. S. 307, 6 Sup. Ct. R. (U. S.) 334, 388, 1191. Railroad rates are the subject of legislative regulation.-Seaboard Air L. R. Co. v. R. R. Commission, 155 Fed. 792. The legislature has the power within the limits fixed by the Constitution of the United States to prescribe maximum rates for railroads.- Southern R. Co. v. McNeill, 155 Fed. 756. It being settled that Congress has authority to require that railroad rates shall be uniform, it necessarily follows that to preserve uniformity Congress may prohibit the doing of any act or thing whatever by any person or corporation calculated to impair uniformity, and may enforce such prohibitions by such penal provisions as it deems requisite.-U. S. v. Standard Oil Co., 155 Fed. 305. Power to regulate commerce includes power to regulate its adjuncts. -U. S. v. Adair, 152 Fed. 737. The power to regulate interstate commerce authorizes legislation as to all the subjects of such commerce, the persons and corporations engaged in it, and the instruments by which it is carried on.Kelley v. Gt. Northern R. Co., 152 Fed. 211. It is one of the duties of government to provide and regulate public roads and highways. The railway service is a quasi public business, not a strictly private enterprise. It would seem that the government ought in some way to protect the public against the evils growing out of a suspension of railroad transportation. But the remedy must rest mainly with the legislative department. The power of the courts is extremely limited.- Chicago, B. & Q. R. Co. v. Burl. C. R. & N. R. Co., 34 Fed. 481. The Interstate Commerce Commission has no jurisdiction to determine whether carriers have acted wisely or unwisely, fairly or unfairly, as between themselves, but only to inquire whether acts of the carrier infringe public rights as defined by the Interstate Commerce Act.- New York Prod. Exch. v. B. & O. R. Co., 7 Inters. Com. R. 612. The police power begins only where the Constitution ends, and the police power of the state, broad as it is, cannot sustain a legislative act which infringes constitutional guaranties.-Wright v. Hart, 182 N. Y. 330, 75 N. E. 404. The state in the exercise of its police power, and the regulating control which it has over corporations created by its authority, may exercise a general supervision over such corporations. It may prescribe the location of the tracks, the size and character of the rails, the pre cautions which shall be taken for the protection of the public, and the character and style of highway crossings; and no one has ever questioned that it may do whatever is necessary and proper for the public welfare in the control and regulation of the franchises which such corporations have obtained by statutory authority.-American R. Tel. Co. v. Hess, 125 N. Y. 641, 26 N. E. 919, 13 L. R. A. 454n. The manner in which an existing franchise to operate a railroad may be exercised, is a matter of regulation, and is generally within the absolute control of the legislature.- Matter of Third Ave. R. Co., 121 N. Y. 536, 24 N. E. 951, 9 L. R. A. 124. The legislature has control over a railroad corporation, and may compel the exercise of its functions and direct the management of its business and the use of the road in such a manner as will in the legislative judgment best subserve the public interest.-People v. N. Y. L. E. & W. R. Co., 104 N. Y. 58, 9 N. E. 856. The police power of the legislature is very broad and comprehensive, to promote the health, comfort, safety and welfare of society.Matter of Jacobs, 98 N. Y. 98, affg. s. c. 33 Hun (N. Y.), 374. The legislature, having control of the traffic in and use of intoxicating liquors, may make such regulations, etc., as are in its judgment calculated to achieve the ends sought.- Bertholf v. O'Reilly, 74 N. Y. 509. The legislature, which has created railroad corporations, may regulate the mode in which they may transact their business, the price which they shall charge for the transportation of freight and passengers, the speed at which they may run their trains, and the way in which they may cross or run upon highways.- People ex rel. Kimball v. Boston & A. R. Co., 70 N. Y. 569. The police power of the state is very broad and comprehensive, and under it the conduct of an individual and the use of property may be regulated so as to interfere, to some extent, with the freedom of the one and the enjoyment of the other.-Wynehamer v. People, 13 N. Y. 378. Railroads must submit to regulations in the proper exercise of the police power of a state even though they involve some expense and inconvenience.- Pittsburg, C. C. & St. L. R. Co. v. Hartford City, — Ind. —, 82 N. E. 787. While courts will arrest an arbitrary or plainly unreasonable exercise of the police power, where there has been an attempt thereby to lay a burden upon a subject in the use or enjoyment of his property, yet, notwithstanding this, the courts recognize that, as respects the police power, there is a broad authority within the field of legislative discretion, wherein, as respects what is good and expedient, the lawmaking power is absolutely the master of its own discretion.— Pittsburg, C. C. & St. L. R. Co. v. Hartford City, Ind. N. E. 787. 82 A state has power to limit the amount of charges by railroads for transportation of persons and property within its own jurisdiction, unless restrained by some contract in its charter, or unless what is done amounts to a regulation of foreign or interstate commerce.- AttorneyGeneral v. Old Colony R. Co., 160 Mass. 62, 35 N. E. 252, 22 L. R. A. 112. The legislature may provide for the reasonable regulation of common carriers' ways of doing business.- McGowan v. Wilmington & W. R. Co., 95 N. C. 417. The state has the inherent power of regulating and controlling public service corporations operating within its borders and of prescribing the facilities and conveniences which shall be furnished by them.- Winchester & S. R. Co. v. Commonwealth, 106 Va. 264, 55 S. E. 692. The rates of charges for the use of property in which the public has an interest may be fixed or limited by legislative enactments, or if the legislature has not fixed the charges to be allowed, the courts will allow the owner only a reasonable charge for its use, and will compel him to give the use of it in the manner in which he has devoted it to the public, to any person upon his paying a reasonable price therefor.Railroad Co. v. Transp. Co., 25 W. Va. 324. [3] Railroads considered as highways. A railroad may be viewed as a public highway under the control of a corporate body which has assumed obligations to carry persons and property in consideration of the exclusive rights to control the public thoroughfare.- Bouker v. L. I. R. Co., 89 Hun (N. Y.), 202, 35 N. Y. Supp. 23. Railroads, whether built, owned and conducted by the state or by private corporations, and whether exacting tolls or free, are public highways.- Railroad Comrs. v. P. & O. C. R. Co., 63 Me. 269. [4] Status of railroads. A railroad once constructed is, instanter, and by mere force of the grant and law, embodied in the governmental agencies of the state and dedicated to public use. All and singular its cars, engines, rights of way, and property of every description, real, personal and mixed, are but a trust fund for the political power. The corporation created by the sovereign power expressly for this sole purpose and no other is, in the most strict technical and unqualified sense, but its trustee. This is the primary and sole legal motive for its creation. The incidental interest and profits of individuals are accidents, both in theory and practice.- Talcott v. T. of Pine Grove, 1 Flipp (U. S.), 120. The duties, functions and property of railroad corporations are held in trust by the corporation for the public, and the sovereign power regulates such corporation as its trustee.- People v. N. Y. C. & H. R. R. Co., 28 Hun (N. Y.), 543. |