Monopolies -- United States; Railroads and state -- United States
obey the requirements of the constitution, and to abstain from that bane
of a republican government, special class legislation. By supporting
only such men as would, in good faith, pledge themselves, as above
suggested, and who, as legislators, would abide by their pledges, unjust
discriminations would cease, and some of the rights of the people would
be restored. But reforms must extend beyond the points named. Railroad
companies being chartered and railroads constructed for the prosecution
of the business of common carriers, having received aid in lands and
bonds from the general government, and from states, counties, cities,
and towns, bonds and taxes, as well as special privileges not granted to
any other corporations, in contemplation of law, these companies are
bound to act honestly. It was never the intent of the legislatures (if
they acted in good faith) to create these powerful corporations, to
grant them extraordinary aid and privileges, and then allow them, by
false and fictitious reports as to the cost of their roads, to charge
unjust prices for carrying freights and passengers. By the watering
process to which we have referred, the pretended cost of the roads, as
shown from their reports, is often two or three times the actual cost,
and the rates that are charged for transportation are such as to pay
dividends not only on the cost of the road, but on the fictitious or
added stock. Indeed, in many cases the stock reported as paid up is not
paid in a legitimate manner; but when the company is organized, by
selling bonds it builds its road from the proceeds, and from the earning
of the road pays not only the interest on its bonds but accumulates a
surplus. This surplus is divided among the stockholders, not as
dividends on their paid-up stock, but is capitalized and stock issued to
subscribers. The road is made to pay the interest, and eventually the
principal, of the capital borrowed to build it, and also to earn money
enough to show a paid-up capital to the amount of the actual cost of the
road. This species of financiering on the part of the company is robbing
the people, and abusing the privileges conferred by the charter. No
thorough reform of the abuses practiced by railroad companies can be
effected until the legislatures, by statutes, compel each and every
company to purge its stock of every spurious dollar, so that the stock
of each company shall not appear to be in excess of the cost of its
road. If the legislature does not possess the power to do this, then it
has the power to create a corporation that, by arbitrarily increasing
its stock to any amount it may choose, can extort from the people
sufficient to pay the interest upon such amount, and defy the power of
its creator. The position is not sound. Any and all abuses practiced by
railroad corporations can be corrected by legislative enactment, unless
we admit that the creature is greater than the creator.
Public-domain text, read in full here on John Shaqi.
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