Monopolies -- United States; Railroads and state -- United States
Nor could the legislature confer exclusive privileges upon a
corporation, the exercise of which would deprive the people of the
rights guaranteed to them in the constitution; for the reason that the
attempt to clothe a corporation with such privileges would be an
unauthorized act on their part. In the case of "Providence Bank _vs_.
Billings & Pittman," decided by the same court, in 1830, it is said that
"The great object of an incorporation is to bestow the character and
properties of individuality on a collective and changing body of men.
This capacity is always given to such a body; any privileges which may
exempt it from the burdens common to individuals do not flow necessarily
from the charter, but must be expressed in it or they do not exist." The
doctrine obtained that corporations can take nothing by implication, and
that unless the power to regulate and control them has been surrendered
by the legislature, that power remains undiminished. The rule that
grants of privileges to corporations are to be strictly construed, when
the rights of the public are affected, is recognized in this case. We
are warranted in saying that it is only since corporations have become
all-powerful in the land that a different rule has obtained. Under the
statutes of the United States, and as formerly held by the supreme
court, a promissory note given by a citizen of a state to another
citizen of the same state, but transferred to a citizen of another
state, could not be sued in the United States courts, but the holder was
compelled to bring his action in the state courts. This rule obtained
until counties, cities, and towns began to issue their bonds to railroad
companies, and was then disregarded. Railroad companies had sold and
delivered these bonds to parties in Wall street, or elsewhere; they had
failed to fulfil their contracts with the parties from whom they had
received the bonds, and when suit was brought upon them in the state
courts the bondholders were beaten. Suits were then commenced in the
federal courts, the plain letter of the statute was disregarded, the
established decisions of the supreme courts were overruled, state
statutes and constitutions were treated with contempt, the decisions of
the supreme court of a state, which had been followed for years, were
called "_oscillations_," and the interests, frauds, and deceits of
railroad corporations were fully protected and sustained; not because
this course was supported by the statutes or precedents, but because
such a course would subserve these harmful interests. This action on the
part of the supreme court was not the result of any dishonest or
partisan intent, but it was made to prevent what the court was pleased
to term great wrongs about to be inflicted on _innocent_ holders of
bonds purchased of railroad companies. In many instances the _innocent_
bondholders were the same parties who, as railroad men, had cheated the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account