Monopolies -- United States; Railroads and state -- United States
construction and interpretation from the court. We have already said
that judges of this court are subject to the infirmities common to all
men; that they are liable to be influenced by the same causes that
influence others; that no matter how honest and pure they may be in
their intentions and actions, their decisions were liable to be
controlled by surrounding circumstances, and that the influence of this
great corporate power did control them. In proof of this we need only
look at their course of decisions on municipal bonds, and on bonds given
by railroad companies, before referred to, as well as their decisions
upon the nature of railroad corporations. It strikes us as remarkable
that the supreme court of the nation should have or entertain any doubts
as to the fact that these corporations are private. Upon what principle
the court can hold that railroads are public highways is not readily
seen. The stock, the roads, and all other property belonging to the
different railroad companies, are as much their individual or corporate
property as are the furnace, the factory, or the mining interests, the
property of the companies owning them. Their ownership is as complete as
that of the private person who owns the stage and team used for carrying
the mails in certain districts. The same law that governs other common
carriers, governs these corporations. Government can only interfere with
their business when they abuse the privileges granted in their charters.
It cannot compel them to carry the mails, save in pursuance of contracts
made with them. They own the ground upon which their roads are built,
and no one can travel upon these roads, or ship freight over them, save
by the permission of the companies. While courts and legislatures have
the constitutional right to regulate and control these corporations,
and, if need be to prevent abuses and oppressions, to declare their
charters forfeited, as in cases of banks, insurance companies, and other
corporations,--upon no principle of law can they declare them public
corporations. If it is a fact that they are public corporations, then as
a resulting consequence they are clothed with the attributes of
sovereignty, and are a part of the government. If railroads are public
highways for any purpose, they are for all. Until they cease to be owned
and controlled by private corporations, it will hardly be claimed by any
respectable court that they are public highways, in the same sense as
common public roads, nor can they be until they are open to public use.
This cannot be until the public becomes the owner of these railroads.
Public-domain text, read in full here on John Shaqi.
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