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
In subsequent years the earnings of the portions of the Central and
Union Pacific which had received no bond subsidies were credited, in so
far as they arose from government business, as a part of the 5 per cent
of net earnings which these companies were required to apply to the
eventual retirement of the government debt. This meant a considerable
amount of bookkeeping, which was increased by other claims of the
companies of which no detailed mention is here made. Indeed, when the
final settlement was concluded between the Central Pacific and the
government, credits to this one company were allowed by the United
States to the amount of no less than $1,162,939.48.[548]
Definition of Net Earnings
In addition to the controversy over earnings on government
transportation over non-bond-aided lines, there developed a second
difference of opinion over the calculation of the net earnings of the
Pacific railroads. It has already been observed that the Law of 1862,
as interpreted by the Supreme Court, allowed the Pacific railroad
companies to charge expenditures for additions and improvements to
operating expenses, and thus to reduce their net earnings, upon the
size of which the rate of provision for repayment of the government
debt depended. The Central Pacific insisted that the same practice was
legitimate under the Thurman law. But in this last-named legislation
the wording of the clause relating to net earnings had been changed.
In 1862 no definition of net earnings had been given. In 1878 it was
provided that net earnings should be calculated “by deducting from the
gross amount of their [the Pacific railroads’] earnings, respectively,
the necessary expenses actually paid within the year in operating the
same and keeping the same in a state of repair, and also the sums
paid by them respectively within the year in discharge of interest
on their first mortgage bonds.” This was deliberately intended as an
amendment of the Act of 1862. As Mr. Thurman told the Senate, it was
his intention to leave the question of the nature of the net earnings,
so far as the past was concerned, for the decision of the Supreme Court
without any retroactive legislation at all, but to define net earnings
for the future.
In spite of the apparently clear wording of the law, and the definite
expression of the views of the Senate Committee on the Judiciary at
the time the act was passed, the Central Pacific still maintained
that it possessed the right to deduct expenditures for improvements
and betterments from gross earnings, in the process of arriving at
the figure of net earnings upon which its contributions toward the
retirement of government indebtedness were in part based. A decision
of the Court of Claims and another by the Supreme Court of the United
States were necessary before this position was abandoned.[549]
Public-domain text, read in full here on John Shaqi.
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