Chapters on the History of the Southern PacificDaggett, Stuart
History
Chapters on the History of the Southern Pacific
Daggett, Stuart
Pacific railroads -- History; Railroads -- California -- History; Southern Pacific Company
The original loan of the United States government to the Central and
Western Pacific railroads amounted to $27,855,680. The bonds which
were issued to the companies were United States currency bonds,
bearing 6 per cent interest, payable semiannually and maturing at the
end of thirty years. They fell due therefore between 1895 and 1899.
Some question has been raised as to whether these bonds were to be
regarded as a loan or as a donation to the corporations which received
them. Setting aside the fact that a loan at a critical moment may be
almost as serviceable to the recipient as a gift, the evidence shows
that the unquestionable purpose of Congress in 1862 and 1864 was that
principal and interest of the bonds should be met by the railroads for
the benefit of which they were issued. It follows that this bond issue
constituted an advance to the Central and Western Pacific railroads,
not a gift; a loan, not a donation. It was the contention of Mr.
Huntington, indeed, that the very name “subsidy” was a misnomer. He
said:
The Central Pacific never got a subsidy; they got the loan of a small
subsidy. The government loaned money at six per cent and they expected
and did receive direct benefits from the time the road was built. It
was not a subsidy in any way.... A subsidy as I believe is where you
give ... For instance if you will build a railroad I will give you
$10,000 as a subsidy; as to being a loan of money it is no such thing.
It is only a business negotiation.[516]
We must therefore recognize that the government advances to the
Central Pacific did not constitute a subsidy in the ordinary meaning
of that term. At the same time it should be observed that the Pacific
railroads occupied a peculiarly advantageous position in respect to
the loans which the government made to them. As will presently appear,
although interest on this loan was charged, the companies were not
obliged to pay a cent of this interest until the maturity of the
bonds. This unusual concession was declared by the Supreme Court to be
the necessary result of the absence of a precise stipulation to the
contrary in the Acts of 1862 and 1864. The court said:
It is one thing to be required to pay principal and interest when
the bonds have reached maturity, and a wholly different thing to be
required to pay the interest every six months, and the principal at
the end of thirty years. The obligations are so different, that they
cannot both grow out of the words employed, and it is necessary to
superadd other words in order to include the payment of semiannual
interest as it falls due.[517]
Payment of Simple Interest at Maturity
Public-domain text, read in full here on John Shaqi.
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