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
From the point of view of Congress, the weakness of the government’s
position in 1897 lay in the fact that its debt was secured by a second
mortgage, and a mortgage which covered, at that, only a portion of the
road. There seems to have been substantial unanimity of opinion among
official representatives of the government after 1882 and 1883, that
the bond-aided parts of the Pacific railroads would not bring at a
forced sale a sufficient price to cover both the first and the second
mortgage liens upon them. In fact, it was believed that if the Pacific
railroad property should be put up at foreclosure sale, no bidder would
appear except the Huntington-Stanford interest, and perhaps the Union
Pacific Railway. Under these circumstances the price obtained was sure
to be low, and it was not unlikely that the result of the sale would
be to leave the railroad in the hands of its original owners free from
all obligations to the government. “These very men whom you are now
scolding about,” said Mr. Powers, of Vermont, in 1897, “the very men
who own the terminals and own these connecting lines are the only ones
who can safely bid on the property, and probably they will be the only
bidders. They would get the property at their own figures.”[565]
Stockholders’ Liability
It is true that there were two possibilities that improved the
government’s position slightly. The first was found in the suggestion
that directors or stockholders of the Central Pacific might in some way
be held individually responsible for the debts of the company. If this
could be done, the great wealth of the Stanford-Huntington group made
the resource a substantial asset. It was pointed out by anti-railroad
men that the Central Pacific was a California corporation, and that
under California law each stockholder of a railroad corporation was
liable, in proportion to the stock owned and held by him, for all its
debts and liabilities. Moreover, the directors of the Central Pacific
were said to be liable as directors because of the diversion of Central
Pacific funds to the payment of dividends at a time when the company
owed the government and its first mortgage bondholders large sums
which it was unable to pay. In addition the directors were charged
with illegal use of Central Pacific money in the construction of the
Southern Pacific Railroad.
Public-domain text, read in full here on John Shaqi.
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