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
That all sums due to the United States from any of said companies
respectively, whether payable presently or not, and all sums required
to be paid to the United States or into the Treasury, or into said
sinking fund under this act, or under the acts hereinbefore referred
to, or otherwise, are hereby declared to be a lien upon all the
property, estate, rights, and franchises of every description granted
or conveyed by the United States to any of said companies respectively
or jointly, and also upon all the estate and property, real, personal,
and mixed, from whatever source derived, subject to any lawfully prior
or paramount mortgage lien, or claim thereon.[571]
A comparison of the Thurman law with the Act of 1862 shows that the
later law expressly extended the lien of the subsidy bonds to all
Pacific railroad property “from whatever source derived,” instead of
limiting the lien to property “in consideration of which said bonds
may be issued.” It does not appear that this change was particularly
considered in the debates on the Thurman bill. Mr. Thurman himself did
not mention Section 9 in his opening address, and while members of
the Senate discussed at length the power of Congress to alter, amend,
or repeal the Act of 1862, they usually had in mind the sinking fund
provisions of the Thurman law and not those relating to the lien of
the subsidy bonds. The exception to this statement is to be found in
a colloquy between Mr. Dawes, of Massachusetts, and Mr. Edmunds, of
Vermont. Mr. Dawes called attention on April 3 to the sweeping nature
of the amendment contained in Section 9. He was of the opinion that in
1862 Congress never undertook to put a mortgage on anything except that
which they granted to the railroad. Under the Thurman Act, however,
he understood that all subsequently acquired property was also to be
pledged, with the effect, Mr. Dawes added, that, among other results,
all payment of dividends would become illegal.
To this criticism Senator Edmunds replied that the Act of 1862 already
subjected all the property of the Pacific railroads to the lien of the
subsidy bonds. It was the view of the Senator from Vermont that the
words “in consideration of which said bonds may be issued” did not
have the limiting effect in the Act of 1862 which Mr. Dawes ascribed
to them, but rather that they conveyed the idea, with other words in
the same clause, that the Secretary of the Treasury might from time to
time issue bonds of the United States in consideration of the fact,
which the law declared, that every particle of the property of the
Pacific companies, real and personal, franchises, tolls, and everything
else, were the security upon which the bonds were to be a lien.[572]
Subsequent discussion did not serve to clear up the differences in
interpretation brought out in the Congressional debate, but the later
decision of the Supreme Court showed that, in the principal matter at
issue, Mr. Dawes was right.
Public-domain text, read in full here on John Shaqi.
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