Monopolies -- United States; Railroads and state -- United States
In the charter of the Northern Pacific railroad company: "For the
purpose of aiding in the construction of said railroad and telegraph
line to the Pacific coast, and to secure _the safe and speedy
transportation of the mails, troops, munitions of war, and public
stores_." In all other cases the above quoted statement of cause is
inserted in the charters, as though the right or authority to make these
grants was so doubtful that it became necessary in every case to state
the reason for the grant. If the present necessities of the government
demand such special legislation, then the same reasons existed from the
organization of our government; and if congress possesses the power
under the constitution to make these grants, and to assume the absolute
control of public or private roads through the states, then from the
adoption of that constitution congress could have taken the absolute
control of all the public roads in all the states of the Union. Before
railroads were constructed, all overland transportation of mails,
troops, munitions of war, &c., was over the public highways--highways
that were and still are under the exclusive control of the states in
which they lie. Over these public roads and such private ways as maybe
selected, government has a right to transport the mails, troops, and
public property, and no state has the right to prohibit or restrict this
right. Still, no power is given by the constitution, nor is there any
implied, under which congress can, under the plea of rendering more safe
and speedy the transportation of mails, troops, &c., grant exclusive
charters and privileges to private corporations. In the nature of
things, as our government is organized, the right to charter and control
all corporations organized for pecuniary profit remains with the states.
This power has never been delegated to the general government, nor
prohibited to the states, or people. There can be no doubt upon this
point, when we remember that the general government is limited to the
delegated powers; and that it is supreme only in those matters which are
delegated to and vested in it by the constitution. This position is
fully sustained by the adjudication of the supreme court of the United
States. In Marshall, on the federal constitution, page 164, we find the
following: "This government is acknowledged by all to be one of
enumerated powers. The principle that it can exercise only the powers
granted to it, would seem too apparent to have required to be enforced
by all those arguments which its enlightened friends, while it was
depending before the people, found it necessary to urge. That principal
is now universally admitted." Again, on page 301, the author says: "In
our complex system presenting the rare and difficult scheme of one
general government whose action extends over the whole, but which
possesses only certain enumerated powers and of numerous state
governments, which retain and exercise all powers not delegated to the
Public-domain text, read in full here on John Shaqi.
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