[No. 14.]

COMMUNICATION from the Attorney General relative to the constitutionality of a "bill establishing police regulations for the preservation of property on the lines of rail roads, and for other purposes."

To the Hon. the House of Representatives:

I have the honor to acknowledge the receipt of the following resolution:

"Resolved, That the Attorney General be requested to communicate to this House his opinion, whether any of the provisions of the bill establishing police regulations for the preservation of property on the lines of rail roads, and for other purposes, conflict with the chartered rights and privileges of the Central, Southern or other rail roads of the State, and if so, to point out to the House wherein."

The first four sections of the bill relate, generally, to matters which are not embraced in any of the charters of the rail road companies referred to in the resolution. The first section requires each rail road company, within six months, to erect and maintain on the sides of their road, a lawful and sufficient fence, with openings or gates, and sufficient farm crossings for the use of proprietors of adjoining lands. It also requires each company to construct and maintain cattle guards at all road cressings, suitable and sufficient to protect cattle or other animals from getting upon the rail road; and until such cattle guards are constructed, the company is made liable for all damage done to cattle, horses or other animals thereon, by the agents or engines of the company. The second section requires each company to cause boards, with an appropriate inscription painted thereon, to be placed or supported by posts, and constantly maintained across each public

road intersected by the rail road, and in such manner as to be seen by travelers. The third section requires each engine to be furnished with a bell of at least thirty pounds weight, or a whistle that can be heard at least one hundred rods, to be rung or sounded at a distance of at least eighty rods from the place where any rail road crosses any road or street. The provisions contained in this and the preceding section, are enforced under a penalty of at leastfifty dollars for every neglect or non-compliance. The fourth section makes the intoxication of every person, while in charge of a locomotive engine running upon any rail road, a misdemeanor. ·

The clause in the first section requiring the companies to erect and maintain sufficient farm crossings for the use of proprietors of adjoining lands, is made the subject of a special provision in their charters. The Legislature cannot, therefore, add to the obligations which it imposcs, or vary in any respect the rights which it secures to the companies. With this exception, I am not able to discover, after a careful examination, any provision in the acts incorporating these companies, with which these regulations may be said to conflict. They do not change or impair the corporate rights of the companies, nor are they inconsistent with their full enjoyment. Certain acts are required, it is true, but the performance of them is sought to be enforced, not for the purpose of affecting any chartered rights or privileges, but to ensure protection and safety to the lives and property of citizens. These requirements, however, can only be justified and sustained on the ground of public policy and necessity. The Legislature would have no right to impose a burden upon any of these companies, not required of them by their charters, upon any other grounds. The necessity of these regulations and their adaptation to the end designed to be secured, are matters which address themselves exclusively to the judgment and discretion of the Legis lature.

The provisions contained in the two last sections of the bill, are of a different character. They direct the manner in which the business of the roads is to be transacted, which is a right reserved to the companies. By the twelfth section of the act incorporating the Michigan Central Rail Road Company, it is provided that the compashall have power to regulate the time and manner in which good's

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and passengers shall be transported, taken and carried on the road, as well as the manner of collecting all tolls and dues. By the twenty-first section the company is required to keep the road open for public use, for the transportation of persons and property, under such by-laws as said company may lawfully make. Similar provisions are embodied in the act incorporating the Michigan Southern Rail Road Company. The regulations proposed to be established by the fifth and sixth sections of the bill, are clearly in conflict with these chartered rights.

WILLIAM HALE,
Attorney General.

No. 15.

1851.

[No. 15.]

COMMUNICATION from the Secretary of State, giving the number of the colored population in the State.

Hon. JEFFERSON G. THURBER,

Speaker of the House of Representatives:

SIR-I have the honor to acknowledge the receipt of the following resolution, adopted by the House on the 27th inst.:

"

Resolved, That the Secretary of State communicate to the House the number of negroes or colored persons in each county in this State at his earliest convenience."

In answer to the same, I herewith submit a list of the number of colored persons in this State, by towns and counties, as taken from the United States census returns deposited in this office.

Very respectfully yours,

C. H. TAYLOR,
Secretary of State.