, 1873-12-10
the Patience Of tho public, and tho vote was not
roncllod boforo ndtpurn mont


York to Chicago. Tho bill, aB talked Of aonlo
ti1no ago contemplated tho construction Of
throotracltod stool railway through tho statcs Of
Now Jorsoy, Pennsylvania. Ohio, Indiana, aud
Illinois to Ohicago, will, branches to tho Min-
assippi aud Ohio 1,ivcrs. and a futuro extension
westward to tile Missouri nivor. This applica-
ton to Congresn for oEaltor for railway CON-
l'a''y Is tho initial step towards n now sgstom.
It In to intorpoeo tho National Government be-
twoen tl.eeo railway companies and tho States
through whicll tho roadH aro run. II this char-
ter bo granted, thon wc n,ay axpoct Tint every
railway company in tho United States will sur
ro,1<lor tho chartor It now bolda from tie State
Government. aud obtain ono from tho
United Stascs. Tha now syatcm is In
tondod, primarily, to release all tho rail-
roads Of tho Unitod States from tho legal con-
troll nul regulation Of tho State Governments;
in fact, to make thom independent Of State
legislation.
1t is a question who thor such n sweeping
moas,lro as this, involving complete revolution
Of tho railroad policy OF tho country, ought evor
to bo considered possible ut all. We can con-
ceivo Of no rcason why 1t should evor bo tol-
eratod, except in tho extraordinary case whore q
State or several statos. should rofusc to AUTHOR
iza the construction Of railway, or poreu,p-
torily prohibit the construction Of auch high
way within their limits.
Boforo Congrcos should assume tho grave
responsibility OF adopting new aystem OF rail-
waygovornmeut. and Of obliterating State author
ity over, and control oven, Of single railroad, 1t
should be satisfied that an overwhelming nocca-
sity exists for sucll an intervention. Doos such
nccessity oxst in this caso7 Is there auy obstacle
in tho way Of tho construction and operating OF
auch railway chartered by tho sovoral States
ns oalls for tho Interference Of Congroaa In
matter whcro Congress has never yot interfcrcd
or legislated Mt all? Under tho general laws Of
illinois, Indiana, Ohio, Pennsylvania, aud Now
Jersey, thoro ls IN opportunity for my porson
to organize company, with capital to construct,
equip, and operate railway. Thoro certainly ia
no legal obBtaclo In tho way, aavo that, by tho
terms Of the ohnrtor, tho rnilway aud it's man-
agomont aud property shall DO subject to tho
Laws Of the State. Before Congress shall even
consider this application for charter of man.
moth corporation, 1t should be satisfied Of two
things First, that the company las exhausted
every lawful effort to obtain u charter from tho
sovosu1 statos through which such company
proposes to build the road; that tho obstaclos
which, 1avo prevented tho obtaining of such
chartor aro inHuporablo, and arc not
merely tho effect Of prudential provisions by tho
States against irresponsibility, and ngainst tho
fraud and e1tortionH OF railroad companies upon
tho people. If tho objection to taking charters
from the Statos DO merely tho Bubor.iuation of
the railroad company aud it's property to tho
goneral laws OF tho state then that affords no
such insuporn5lo obstacle as will justify Con-
gress in breaking down tho great projections OF
Stnte authority, aud calling into existence .
corporation exercising such immonso Influences,
and wholly Irresponsible to the people aoting in
their municipal carucity.
The second poiut on which Congress should
be satisfied is tint, In addition to Tho insupera-
bio logal obstacles to the obtainiug Of Slate
charters, the responsibility and capital at the
hands ot' tho proposed company. Is it
bona .fde request from men holding the
required capital to begin and complete tho
it request for charter which somebody
is to try and sell hereafter to Bo,no other por-
Hons, tho charter itso]f being simply IN authority
to borrow other peoples money on houds, issued
without limit, with g,abs md construction conl-
panieB. and dividends Of stock, and all the other
familiar oxpcdionts to overcome tho want OF
actual capital? II Congress Is to charter rail-
way company, 1t ought not to take up the buai-
moss where tho Slate Legislatures loft OF. It
should require t1at tho road bo built with actual
Logan can recall tho time when tho Legislature
Of Illinois was accust omed during six-weeAs'
soaHion to incorporate 1,600 to 1000 cor
porations; aud when mombets usoa to
eko cut their pay Of 81 d day by
talking homo with thom one, two. or
half dozen charters, which, during the re-
ccss would bo olored for sale all over tho State.
The great charter Of the Credit-Alobllior Com
pany WAS purchased for q fow hundred dol1ara.
congroHB ought not 10 60 into that email busf-
ncss Of granting charters to members or others
to DO poddlod all over the country. Would It not
bo better. after all, for Congross to pass q gou-
oral low, whereby, In case Of tho refusal Of any
State to charter railroal company. that thon,
uron filing satisfactory ovidonco Of TINT fact, a
company may be formed with bona ll,le capital
To n,j -