Idaho constitution
Article XI
Section 5

All
railroads shall be public highways, and all railroad, transportation, and express
companies shall be common carriers, and subject to legislative control, and the
legislature shall have power to regulate and control by law, the rates of charges for
the transportation of passengers and freight by such companies or other common
carriers, from one point to another in the state. Any association or corporation
organized for the purpose, shall have the right to construct and operate a railroad
between any designated points within this state, and to connect wit hin or at the
state line, with railroads of other states and territories. Every railroad company
shall have the right with its road, to intersect, connect with, or cross any other
railroad, under such regulations as may be prescribed by law, and upon making due
compensation.