The Empire County argus., 1854-04-15

years, made California in many important respects,
superior to most of the older States of the contede
racy. TO continue her prosperity, and develope
with sufficient rapidity her mighty resources, it is
only necessary to give the people wholesome gene
raj laws for the protection of person and property
and to prevent monopolists from controlling the
main sources of her wealth. well as the principal
avenues of trade and travel
Under enactments such as now exist upon our
own Statute Book, monopolies of the most oppress-
i've character have grown up IN most OF the States
of the Union, and become so powerful as almost to
defy Legislative authority and sufficiently potent to
seriously interfere with the rights and interests of
the people.
California, as yet has suffered comparatively but
little from the cxactions of monopolies organized
under her laws but it is nevertheless true that the
merchants at several points in the State have held
public meetings and subscribed money for the pur-
chase of steamers to be controlled by themselves.
as the only mode of escaping the unreasonable ex-
actions Of an existing monopoly
Judicous notifications can however, now be
made, which will not only effect present good, but
forever preserve the people OF California from the
evils which grieeousy oppress the people of other
sections of this great confederacy.
Under our Government where the masses have
the right and the power to prescribe the kind and
character of laws by which they to be govern
ed, it should be the endeavor, it is the duty of
the Representatives so to frame enactments as to
protect their interests from being trampled upon
by corporations organized for the accomplishment
of objects beyond the means of individual enter
prise.
In fact Legislation should ever have in view the
protection and prosperity of industry, and, while
inviting within our borders capital and enterprise
by all lawful and proper inducements, should so
surround them with checks and limitations as TO
prevent them being made instruments of extortion
and oppression.
The interests Of the great body of the people of
California identified with labor, and opposed to
extending the influence Of Government to the ad-
vancement of the few at the expense of the many.
1t may however, be urged that were the rcstric-
tions proposed incorporated in the several acts
cerning corporations capitalists instead of availng
themselves of the benefits of existing laws, would
form combinations for the purpose of eyading those
restrictions
1t is sufficient answer to this objection, to state
that under the common law, all connected with
such combinations would be liable to Indictment
and prosecutions 'conspirators against the public
good"
On this point the common law is clearly laid
down by u learned Chief Justice, as follows, viz -
a combination is criminal whenever the act to be
done has a necessary tendency to prejudice the pub
lie. to oppress individuals by unustly subecting
them to the power Of the confederate and giving
effect to the purposes Of the latter whether OF ertor-
ton or mischief" Again, combinations may be
oppressive by compelling the public to give more for
an article Of necessity or convenience than it is
worth the other hand, of compelling the
labor of mechanic for less than it's value
The act authorizing the incorporation of Steam
Navigation Companies, grants important privileges,
but imposes restrictions whatever, in the cxer-
else Of a vast and exclusive power, the tendency
and effect of which must be to prevent lawful and
desirable competition in an extensive and lucrative
department of internal commerce and trade
| would, therefore, respectfully call your attcn-
ton to The omissions and defects of the existing
laws concerning corporations, and especially rec
ommend that the several acts authorizing the incor-
poraton of Railroad, Steam Navigation, Stage,
Plank Road, or Turnpike companies, be 50 restric-
ted in their provisions as to protect the people
against exhorbitart and unreasonable charges.
JOHN BlGLER.