Monopolies -- United States; Railroads and state -- United States
"The objects for which corporations are created are universally such as
the government wishes to promote. They are deemed beneficial to the
country, and this benefit constitutes the consideration, and, in most
cases, the sole consideration of the grant." * * "From the fact, then,
that a charter of incorporation has been granted, nothing can be implied
which changes the character of the institution, or transfers to the
government any new power over it. The character of civil institutions
does not grow out of their incorporation, but out of the manner in which
they are founded, and the objects for which they are created. The right
to change them is not founded on their being incorporated, but on their
being the instruments of government created for its purposes. The same
institution, created for the same objects, though not incorporated,
would be public institutions, and, of course, controllable by the
legislature. The incorporating act neither gives nor prevents this
control."
The doctrine above enunciated fixes the line of distinction between
public and private corporations. Those created for public or
governmental purposes are defined to be "public corporations," and those
created for the advancement of private enterprises are "private
corporations." Private corporations possess none of the attributes of
sovereignty, and hence are to be treated in law as private individuals;
the act of incorporation being for the purpose of affording the
corporators proper facilities for transacting business. Corporations
being the mere creatures of the law, they possess only those properties
which the charters of their creation confer upon them. Under the
decision to which we have referred, and from which we have quoted,
corporations are created by statute, and are subject to the control of
the power creating them. A grant from the sovereign power to an
individual, or to a company, is not necessarily irrepealable, nor will
it in all cases be treated as a contract. Corporations created for
public or governmental purposes are binding as contracts only so far as
they affect private interests, for the good reason that government
cannot contract with itself.
Public-domain text, read in full here on John Shaqi.
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