State Control of Trade And Commerce By National Or State Authority

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As to the class of public highways known as railroads, the common law is fortified by the express conditions of the statutes creating or regulating or controlling them.
'^ The general railroad act of this State may now be regarded as the general charter of all such corporations. It authorizes the or- ganization of corporations for ' the constructing, maintaining and operating ' of railroads ' for public use, ' and it imposes upon them the duty * to furnish accommodations for all passengers and
...property, and to transport all persons and property on payment of fare or freight." (Laws of 1850, chap. 140, §§ 1, 36.) These words are a brief summary in respect of the duties imposed upon such corpora- tions by all the provisions of the act. Those duties are consigned to them as public trusts, and as was said in Messenger v. The PennsyU vania Railroad Company (36 N. J., 407), ' although in the hands of a private corporation, they are still sovereign franchises, and must be used and treated as such ; they must be held in trust for the general good.' This relation of such a corporation to the State is forcibly expressed by Emmons, J., in Talcott v.

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