The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
It cannot be surprising that, under such circumstances, there always has
been a tendency among judges to be conservative and to give the
railroads the benefit of the doubt in their decisions. Judges well know
that railroad companies appeal almost invariably when the decision of a
lower court is adverse to them, but private citizens only in exceptional
cases. They also know that railroads never forgive adverse decisions,
whether right or wrong, while private citizens, as a rule, accept the
decision of the court as justice, and do not hold the judge responsible
for its being adverse to them. Our judiciary is, and probably always has
been, as incorruptible as the judiciary of any country in the world; but
our judges are made of no better material than our legislative or
executive officers. Weak men, in all stations, are influenced by wealth
and power, and weak judges can always be found who will be led or forced
from the path of duty so long as corrupt men are permitted to manage
railroads and to remain in possession of a power only inferior to that
of an autocratic ruler.
The influence which railroads exert extends from the lowest to the
highest court of the land. Federal courts have more than once been
successfully appealed to to give legal sanction to the perpetuation of
gigantic frauds, or to frustrate attempts made by the individual States
to place restrictions upon roads operated within their respective
borders. Twenty years ago a Federal judge aided Mr. Gould in his
notorious Erie transactions, and in more recent years a Federal circuit
judge in the West threw the property of the Wabash Railroad Company,
upon the application of its own directors, into the hands of receivers
selected by its former managers without the knowledge or notice of its
creditors, and issued orders for the management of the property which
greatly discriminated in favor of certain bondholders and were so
manifestly unjust that Judge Gresham, before whom the case was
subsequently brought, did not hesitate to say to them that "the boldness
of this scheme to aid the purchasing committee, by denying equal right
to all bondholders secured by the same mortgages, is equaled only by its
injustice." At the same time one of the counsel for the dissenting
bondholders characterized these strange orders as "the highwayman's
clutch on our throat, the robber's demand, 'Your money or your life.'"
Public-domain text, read in full here on John Shaqi.
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