Land Money And Highways Evils And Remedies

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Without laws to suit the business of constructing railroads there could be but slow progress if any, in the matter. All the land in the country is either owned by the Government or by private individuals, and land ownership carries with it exclusive possession. The law of eminent domain, which re- serves to the Government the right to take private property for public use, had to be invoked before the railroad could be built. So we have the spectacle of a necessity which is public while it is be
...ing built and "private property" afterwards, without any change of title. However, I hold that the ex- ercise of this sovereign prerogative, the right of eminent do- main, makes the railroads public highways, and the Govern- ment has the inalienable right to regulate and control them, precisely as it has the money system. In each case, a sov- ereign prerogative has been farmed out to private corporations for their personal advantage, with but little consideration for justice or the public weal. The interests of the public in either case have been subserved only as it has been necessary to the corporations in question.

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