Monopolies -- United States; Railroads and state -- United States
But we are told that the supreme court has decided the question, and
declared that they are public highways, no matter whether they are owned
by the state or private companies. We have not seen the decision; but if
such decision has been made, we are bound to accept it as the law of the
land, until the same court reverses it. Yet if the court was to decide
that a river was a railroad, or that a steamboat was a train of cars,
while we would accept this decision as the law, we would not admit that
such was the fact. We are not aware that the question as to whether
railroads are public highways has ever been before the supreme court,
save in connection with the right of municipalities to subscribe stock
and issue bonds therefor, and upon the question of voting taxes to aid
in their construction. When these questions have been presented to the
supreme court of the United States it has held that they were public
highways. It is noticeable that these decisions have been made only when
the interests of these corporations were to be subserved. In a recent
case from Wisconsin the supreme court decided that they were public
highways, and that it was just as lawful to levy taxes for railroads as
_for any other public works_. The same court has decided in a large
number of cases when suits were instituted on municipal bonds, that
railroad corporations were private companies, and in all of the states
where the question has arisen, we believe they have been held to be
private corporations. We might cite several recent decisions of the
supreme court to the same effect. In the cases of Kansas Pacific Railway
Company _vs_. Prescott, Ribon _vs_. Chicago, Rock Island, & Pacific
Railway Company, Putnam _vs_. New Albany & Sandusky Railway Company, and
Chicago & Quincy Railway Company _vs._ the County of Otoe, tried in
Washington last winter, the court virtually decided the corporations
were private, and not public. The doctrine to be gathered from these
decisions is, that when the interests of these corporations demand it
they are to be treated as private, but when the question is as to their
right to compel the people to contribute of their substance to build
railroads, then the roads are public highways. If the corporations are
private, and their roads are built and owned by them, the fact that
these roads are private still exists, notwithstanding the courts as to
the law of the case decide that they are public highways. The fact that
such a decision has been made, is strong proof of the correctness of our
position, that the corporations have a controlling influence over the
judiciary of the country more to be dreaded by the people than all the
appliances that can be brought to bear upon the legislative and
executive department of the government. But in no other instance has the
influence of these corporations over the supreme court of the country
been made more manifest than in what is known as the "legal tender"
decision.
Public-domain text, read in full here on John Shaqi.
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