Letters and Literary Memorials of Samuel J. Tilden, v. 2Tilden, Samuel J. (Samuel Jones)
History
Letters and Literary Memorials of Samuel J. Tilden, v. 2
Tilden, Samuel J. (Samuel Jones)
Tilden, Samuel J. (Samuel Jones), 1814-1886
"The general Railroad act, chapter 140 of the Statute Laws of 1850,
passed April 2 of that year, faithfully executed the mandate of the
Constitution. The forty-eighth section of that act is as follows:
"'The Legislature may at any time annul or dissolve any
incorporation formed under this act; but such dissolution shall
not take away or impair any remedy given against any such
corporation, its stockholders, or officers, for any liability
which shall have been previously incurred."
"The Broadway Railroad charter was formed under chapter 252 of the
laws of 1884, entitled 'An act to provide for the construction,
extension, maintenance, and operation of street surface railroads
and branches thereof in cities, towns, and villages.'
"The first section of that act expressly provides that every
corporation formed under it 'shall also have all the powers and
privileges granted, and be subject to all the liabilities imposed by
this act, or by the act entitled "An act to authorize the formation
of railroad corporations, and to regulate the same," passed April 2,
1850, and the several acts amendatory thereof, except as the said
acts are herein modified.'
"In the case of 'The People of the State of New York against
Dispensary and Hospital Society of the Women's Institute of the city
of New York' (7 Lansing, page 304), a corporation formed 'under an
act of the Legislature of the State of New York, entitled "An act
for the incorporation of benevolent, charitable, scientific, and
missionary societies, passed April 12, 1848, and the acts amendatory
thereof,"' was judicially determined to have forfeited its charter
by reason of the payment of money as a reward for the use of
influence in obtaining an appropriation from the State, and the
corporation was dissolved by judgment of the court.
"The authority of the Legislature to repeal a charter is much
broader than the judicial authority. It is expressly declared by
the Constitution and by the law to be in the discretion of the
Legislature. It may be done on moral evidence of wrong-doing on the
part of the corporation, while a court could only act on judicial
proof. It may be done on grounds of public policy or expediency.
"The bill pending in the Senate for repealing the charter of the
Broadway Company and annulling its franchise may do well enough if a
Broadway railroad is to exist.
"Whether any holders of Broadway Railroad stock or bonds can be
shown to be innocent and entitled to special indulgence, can be
better judged of when the investigations are concluded.
"One thing is quite clear. The corruption of public officers in
order to obtain possession of valuable franchises at much less
than their real worth, can only be stopped by making such schemes
impossible to result in any profit.
"A general law should be passed requiring every such franchise to be
disposed of at public auction.
Public-domain text, read in full here on John Shaqi.
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