Monopolies -- United States; Railroads and state -- United States
We have shown that by the manner of building roads with borrowed capital
obtained by sale of bonds, and by extortionate charges for
transportation, making their roads earn sufficient to pay dividends on
stock which had not been paid, as well as on the watered stock, the
railroad companies in the United States whose roads cost $2,456,230,000,
yet in fact representing the enormous sum of $6,236,638,749, in what
purports to be-paid-up capital stock, and bonds, were robbing the
people.
The question we are now discussing is, How to remedy these evils. Our
attempt thus far has been to demonstrate the fact that the remedy is
exclusively within the state authorities, and not in those of the United
States, and that railroad companies are private, and not public.
Adhering to these views, we contend that railroad companies are subject
to taxation at the same rate on the assessed value of their property as
an individual; and the legislature cannot adopt a different rule for
taxing railroad property without disregarding the letter and spirit of
the constitution. The chartering, regulating, and controlling of
railroad companies, and all corporations created for pecuniary profit,
must remain with the states. To concede the exercise of this power to
the national administration is to overturn republican government and
take from the people the rights and powers reserved to them and the
states; create a great central power without constitutional limit or
restitution, but governed by the personal views of those in office. We
have treated of this subject in the preceding pages, and refer to it
here in considering the remedies for the evils endured by the people. We
know that congress has granted charters to corporations organized for
pecuniary profit, and that United States courts have taken jurisdiction
of cases arising under state statutes, and disregarded the action of
state legislatures and state courts on questions affecting the interests
of railroad corporations, and have also decided that congress possesses
the power to charter railroad companies. But we do not recognize the
decisions as right, nor do we believe they will remain long unreversed.
The opinion generally prevails that railroad corporations have abused,
and are abusing, their charters; that they are oppressing the people;
that there must be a reform of the abuses practiced by them. But
differences of opinion exist as to the means to be applied. If we
recognize the people as the source of power, and that they retain all
the power they have not delegated to the government, the more nearly the
interests of the people and the companies approach each other, the more
closely they can be blended and united, and the more readily can abuses
be corrected. To divide their rights and interests; to provide different
governments, and rules of decisions for them; to make the people
amenable to state authority, while the United States authority takes
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