Chapters on the History of the Southern Pacific — John Shaqi
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 supervisors in January alleged that the election in San Francisco
held May 19, 1863, at which the electors of San Francisco had approved
the subscription to the stock of the Central Pacific, had been carried
by corruption and bribery. This assertion was given great prominence in
the answer of the supervisors, though less in briefs of counsel. Nine
instances were cited where A. P. Stanford had given sums ranging from
$5 to $40 apiece to electors, or had thrown handfuls of money among the
electors “and thereupon they scrambled among themselves for the same.”
It was urged that these bribes had had great influence upon the vote
and that the election was void. These facts had not been known to the
supervisors on June 20, 1864, when order No. 582 had been passed, and
defendants believed that knowledge of them would have prevented the
passage of the ordinance.
Besides this, the supervisors declared that the passage of ordinance
No. 582 had been procured by false and fraudulent representations by
the railroad company. More important, it was now contended that the
Act of 1863 was unconstitutional, in that the legislature was without
power to “impose on a municipal corporation of the state the burden
of exclusively building or aiding to build a work of general interest
to the state, which is in no sense a work of local interest to the
corporation on which the burden is imposed.”
It was pointed out that the Central Pacific was a work of general
interest to the Pacific Coast. It did not come within 100 miles of San
Francisco. It had received large subsidies from the federal government
on the ground that it was of national importance. Counsel declared that:
The true test of whether a tax can be exclusively laid on a municipal
corporation, is to be found in the purpose for which municipal
government is confined within local limits. Citizens living within
those limits are exposed to exclusive taxation because, and only
because, a peculiar benefit is conferred upon this locality. When the
benefit is shared in by the rest of the state, then a state tax is
levied, because the citizens of San Francisco received advantage, not
in their character as citizens of San Francisco, but as citizens of
the state. The state government is as much a benefit to San Francisco
as its own municipal government. Yet no one would contend that she
could be compelled to support the entire expenses of the former, or
that any other city should be compelled to contribute towards the
expenses of the latter.
City Compelled to Subscribe
These and other more technical objections were considered by the
Supreme Court and were swept aside in a decision rendered at the April
term of 1865. The court now held that the legislature had imposed
no burden on San Francisco by the Act of 1863, because under that
act the city got a consideration, namely, the company stock, for its
subscription. The court added:
Public-domain text, read in full here on John Shaqi.
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