The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-12-20
CORPORATIONS AND I
POLICY.
PUBLIC


something which lawyers call a "body polite"
and which the same sages with q conception
of their offspring which experience shows to
be well founded) declare to be without moral
seAsibilities, or, as Lord Coke quantity illus
trabos the point, "a corporation cannot be ex-
communicated, for II hath no soul. Neither
can il be summoned in the ecclesiastical
courts, for they only act pro SoIute 0ntD1G."
A corporation, according to this authority,
has no moral being, but we must admit that
it has ell the other attributes Of humanity.
Its Ifo-blood and principle Of being is it's
charter--the breath of the Legislative creator
that warns the scattered elements of wealth
and power and puts them into shape. It's
capital is its body, the directors its mind, and
numberless and obedient agents constitute the
muscles and members that carry out its designs.
II has all the elements of human strength
without its weaknesses. AS an Aggregation of
wealth it is unequalled, and herein consists
the danger to public interests which tends to
make corporations powerful instruments of
oppression and corruption, if the possible
results Of their lack of conscience are not
iealously guarded against by the policy Of the
law.
When corporations are kept within Just
limits, their immense capabilities for the con-
centration of wealth and it's intelligent en-
ployment and direction make them great
public servants. They build railroads, de-
velop the mining and dmanufacturingi interests,
extend commerce, people waste places, and
make the desert bloom. Look at the Pacific
Railroads and the Suez Canal. The one ex-
tends our civilization and builds up cities and
States in the far West the other will revolu-
tioni1e commerce in the East. Not only
are the great lines OF human action directed
by corporate energies, but the will and
power Of these soulless beings to
great extent influence the minutest transac-
tions of everyday life. But when
these companies escape from legal control,
and are able even for a time to display with
impunity their capabilities for evil as we'll as
for good, they cease to be public servants and
are masters and oppressors. Look at New
York and her railroad wars. Take our own
State and the combinations to incr ease the
price of coal. Years ago we had bank
attempting to influence national politics,
dividing the nation into rival parties, and
remaining for years potent agent of corrup-
ton. The danger to the public from the ill
use of the enormous accumulations of capital |
which result from the prudent management |
of oorporations-particular of the banking |
Order-was never greater than now. For |
meriy the danger was less, because both the |
Legislature and the judiciary jealously watched |
corporations and denied them every authority |
and power not expressly granted in their
charters. But how is it now? The Legisla-
ture, instead of protecting the public, joins
hands with the corporations for mutual |
plunder, and makes haste to grant every cou-
cession which greedy monopolists desire; and
even the courts, the Last refuge of the people,
are being gradually captured by these corpo-
rate robbers. There is no legal heresy
more fraught with evil than the at
tempt of courts to view corporate privi-
leges in any other light than as dangerous
concessions to be restricted to the express
words of the Legislative grant. The public,
and not the corporations, should have the
benefit of all doubts in questions of conflict
ing authority. The law-making power
directs public policy, the courts have nothing
to do with it.; and when they come to decide
oorpora ration questions on any other basis than
that of a strict adherence to the very let
ter of the law, the people will have lost
tho only remaining barrier against the
sncroachments of corporations. There
is no danger of either the corporations
or the public suffering by too jealous con-
struction of their privileges. If the authority
claimed is pernicious, the sooner it is done
away with the better. If it is for the public
good, and yet is against the strict letter of
the legislative grant, let not the courts at
tempt to mould public policy. Let them de-
oide against the illegal claim, and the Legis-
lature will only be too willing to make such
fresh concessions as may be desired.
That the dangerous bias of the judiciary in
favor of corporations is recognized fact,
and that it is looked upon by the public as an
enormous evil has recently been demon
strated in New York, where the new constitu-
tion was overwhelmingly defeated, with the
single exception Of the Judiciary clause,
which was adopted in spite of the corrupt in
trigues of both political parties.
Nor WORTHY OF MENTIoN.-It is expected
that the POstmaster-Ge General will transmit to
49,. - H., Al