Monopolies -- United States; Railroads and state -- United States
"Respecting negotiable bonds issued under legislative authority, by
municipalities for such and kindred purposes, when in the hands of _bona
fide_ holders, the supreme court of the United States, influenced,
doubtless, by a keen sense of the injustice and odium of repudiation,
has at all times displayed a strong determination effectually to enforce
payment. Accordingly it has refused to follow the subsequent decisions
of the state courts against the validity of such bonds, in cases where
the prior rulings of the state courts had been in favor of the power to
issue them; it has adopted liberal constructions of statutes and
charters authorizing the creation of such debts; it has given no favor
to defences based upon mere irregularities in the issue of the bonds, or
non-compliance with preliminary requirements, not going to the question
of the power to contract; and has held that the circuit courts of the
United States were clothed with full power and authority by _mandamus_,
or otherwise, to enforce the collection of judgments rendered therein on
such bonds, and that this authority could not in the least be interfered
with, either by the legislature or the judiciary of the states." It will
be seen that for the purpose of relieving railroad companies from their
liabilities as guarantors, on bonds issued to them by municipalities
(for these bonds were uniformly so guaranteed), the supreme court of the
United States has declared the statutes of states, and the decisions of
state courts, absolutely null and void. In violation of both the letter
and spirit of the constitution, in order to compel the payment of bonds
issued without authority, and in violation of every principle known to
the law, it has said that these bonds must be paid because they are in
the hands of _bona fide_ holders.
This same court, as we will hereafter show, when the holders of bonds
issued by railroad companies were asking payment, has released the
companies from their written agreement to pay in coin, and compelled the
holders to take at par depreciated paper. When the bondholders are
demanding payment from the people, of the bonds issued without
authority, the court, in order to compel payment, nullifies state
government; but when these same bondholders demand that railroad
companies shall live up to their written contracts, have decided that
they need not do so. It fears the stigma of repudiation when the people
are called upon to pay, but when the call is made upon corporations it
decided in favor of repudiation. Our author continues: "It has upheld
and protected the rights of such creditors with a firm hand,
_disregarding at times, it would seem, principles which it applied in
other cases, and asserts the jurisdiction and authority of the federal
courts with such striking energy and vigor as apparently, if not
actually, to trench upon the lawful rights of states and the
acknowledged powers of the state tribunals_."
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