Monopolies -- United States; Railroads and state -- United States
"The Central Pacific railroad company of California, a corporation
existing under the laws of the state of California, are hereby
authorized to construct a railroad and telegraph line from the Pacific
coast, at or near San Francisco, or the navigable waters of the
Sacramento river, to the eastern boundary of California."
Substantially the same provision is found for most of the corporations
above named, and in all those cases, the authority to construct the road
is followed by a provision for aid by the general government.
It might be pertinent to inquire why it became necessary for congress to
assume the control of railroads already chartered under state authority.
It cannot be claimed that the states acted without authority in granting
the charter; nor can the authority of the general government to take
from the states the control of railroads within their border, be
supported by any grant of power contained in the constitution. On the
contrary, the power is reserved to the states, and its exercise is
denied to the general government. It cannot be urged that the interests
of the people are subserved by this assumption of power; on the
contrary, these acts of congress take from the public its rights
reserved by the constitution. But one answer can be given, _these acts
were passed for the promotion of selfish and corrupt ends_. In support
of this, we need only state the fact, that in almost every instance
where congress has attempted to re-charter companies organized under
state authority, and granted them aid, members of congress who were
members at the date of the passage of the acts, were stockholders, and
not unfrequently directors. Some congressmen who have been members for
the last ten or twelve years, are stockholders in several of the
companies, and at least one member of congress of twelve years standing
is now a director in at least three companies that received grants of
land, one of them getting large amounts of subsidy bonds, for all of
which he voted, and for which, as often as occasion served, he has used
his vote and influence in procuring additional privileges. We do not
claim that every member of congress is interested in railroads; but we
do assert that there are many senators and representatives who are
personally interested, and that the proportion is so great that whenever
it is desirable to have legislation it can be obtained without
difficulty. To prove that the chartering and endowing of railroad
companies is one of the principal occupations of the national
legislature, we have only to look through the acts of congress the last
two or three sessions. At the first session of the forty-second congress
fourteen railroad bills were passed, some of them conferring grants to
companies yet in embryo, having no being save upon paper, but presenting
"great expectations" to our congressmen, who combine the business of
granting charters and building railroads, and who find no indelicacy in
Public-domain text, read in full here on John Shaqi.
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