New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-21

aseanence IL il whether II shall payment,
sSatSrvaIs OF time spread over a longer perodi tell
Senators one difference II makes Has IL occurred to
tbose who have matter into who
IL Is that ia pay this money! have spoken Of II as
Illegal exacon from corporations created ey the
and may be that popular estimation OF the nights OF
esS sns Iencncy to debtor Of that DESCRIPTION are
IN some he,ray1ng the rights OF the Government
and the people represented by the Government
return to my interrogatory, who Is TO pas tis
money 10 be exaeed from these corporations Is IL
70 S ppopSV ia to be- used is to he Kept IN use
sto he reserved, maintained, operated, enlarged even
BODILY form whence then, out Of what fund out OF
what revenue. out OF what income, are these anhn s
burdens made Ont Of the daily earnings OF THESE
roads ont Of the semiannual prohts of these conp
MES Mr. President where do the COMPARES sdo thew
money How do they create revenue How 20 they
make ncomel Where do they and now earn any iaobes
r. nav over 10 he Government From whom does II
smre, II comes from eyery man woman and child who
travels passenger on the line oI ,bos' ~
comes every pound OF freight tiat Is anspotea
over length. either in whole or IN part II comes
from the business Of the country IN othes wSr, .ne
levied by Congress upon the commerce. OF the
country that passes by way OF over 'hese
suppose you make the payment large. frequent Excess
tnef rates increase their tariff magnify their
sctous private and the public interests which they
were created 10 promote and to suserNe Is this good
Policy Is this in the interest of the public IL 1t for
The benefit of the Government II the amount OF money
the construction Of these works could he entirely re
10 the benefit public interests created by and sub
served nv thcm so as otherwise
over them il would be good policy for the Government
10 abandon the claim and 10 release The debt What inter
has this Government distinguished nom and outside
Of the interest Of the public whom II represenlsf
Now Mr.. President, propose TO discuss what Ger
fainy is essential preliminary question: II be not
the main question for the consideration OF the Senate
tee the Senate the ground that it Is invasion Of
the right OF property and of contract that II is not COM
sstently with the constitutional principles according to
which Its ought to be- guided pass any such act
distinguished colleague alleged in his argument that
m the Act OF 1852 and the Act OF 1894 there had been no
reservation the right OF alteration amendment, or re-
peal still the power Inherently existing III Congress
would justify such exercise of IT, but that the terms
and language of the reservation in the Act Of 1862 were
sufficient 10 show the intention OF Congress TO make
which other nights under dependent, or If that
were not So then that the broader avn more general
language OF OF the night OF repeal as com
tanned IN the Act OF 1854 being applied by of i'll
terpetation 10 the Act Of 1862 as WELL plainly shows
These propositions desire now to consider desire
consider them in the light of adjudged as wen as
OF general principle and shall maintain, certainly WIN
the greatest possible respect to the greater learning ana
Committee concidng in that report that of their
propositions well founded My view ofthe nature OF
ture expressed by that great political philosopher
the greatest opinion 81 his equal TO that OF
one professionally, Ednnnd Burke who, III one OF his
tracts on Popery Laws used these words
ave order ans beauty Of al the and happiness
righI 10 make what tey please laws do
O si any aeenSrn Of the quay Of their
Al human laws are, proieriy speaklng only GeGlara
fCpery Laws. chapter 3. part !.
TIE PRINCIPLE or SOVEREIGNTY.
And that most ilstrious of jurists known in oar jur
prudence who has Illuminate not only ils Annals, ont
bis magnificent power OF JUDGMENT, ChieJu,tiee Mar
,ha M one srnr lana NO mas uHderood il 6ete
the quality own National Government, said:
The Goverrmen, Of the United states emphacaly
cd "A QnVe All
,5 s s 70 o sttSs yo Vol 81 yes h the
Aud added that
Inc question whether risht ha. vested or not :. IN s ma
judicial and must DC tled b. the judicial aathonty-i
II IS said and was said by learned colleague. that
the lr'neipe OF soyereignts ~nieh could n9t he
served Leeded aid from any express reservations OF
power over any Of the laws when II enacted. ana ny
consequence, according 10 the logic OF MS argument,
tie 1g,s which vested y individuals undcr those
the United states, the great case Of Fletcher act.
Perk n A1e o s COM MaTs a. 5G bee ,d 'n
principle asserted j. that Legislature is competent
repeal act which former Lesitge was COMPETENT to
and tha one LEGISLATURE cannot aodse The powers
The CORRECTNESS OF lids principle respects general
rs lrS sr"regYg Iee,sist,tre cannot undo H. The
nnI lA~ a q TX - rsc a,so1fe rover convey
inces have been mace Those convey nave ysied E
authority s. that they originally vested Is i"e and esn
When tSen law is in It's nature contract when absolute
s ns nave ye Tss o % and the act q ahnne them Il
legitimate e. rendered by applicable to the case o
nav Vel Of society and Of
power aud il any be prescribed they to De found
the property AZ individual larry and honestly acquired
To Legislature all legislative ocr ' granted bat the
question whether The act OF transferring ne pfo@r5y o. an
aeaa4i to ts Pnse e IN 5he Raaie rne e
The extract which have Just read Is applicable 10 the
powers vested by the Constitution Of tue United states
the general argument made ny the Chiefusice IN that
case he proceeded TO the consideration of the
ruel fla he
in that void 10y reason OF ing n cobiraven-
tion Of that clause OF the Constitution whc9 orosae any
from passing law imparng the obligation OF
contract - .,
most INDUSTRIOUS judge in Massachusetts. CbefJusce
Saw in the case OF The COMMUNICABLE against The rs
sex Company. 10 Gray's Reports, 253. He says:
Does ,hs come the power Of the legislature to
aiicrI II MS that his must have
horiiy has by railroad corporation
a sy Cl 81 ana iGr c Ss d party could
should vest or could The Legislature direct Is
thu grantor. escheat 10 the pale or how oterwisSI
lied aud now tract Of meadow. aud the own
he Leg atare alter tie Incorporation
% give 10 such meadow owners 10 nre annual damage rsI
tee, legal rule 10 extracted is ths hat
becoms vested alteration d The charter
ysd 9na ag ler, R%e Exercise q powers
So in the of miller ag The state decided by the
spp Court the United States in ID Wallace, 49,
Power to Iegislate founded upon sneh reservation in
s se 70 PIRATE s sg6 roy rIeed To-
away destroy acquired by virtue % snei
charter which legitimate % the powers granted
have IN the corporation but IL may be safety
affirmed be exercised. ana 10
smst carry into eject the original purposes OF
the adm nlsIIa0D Of It's AFFAIRS 50
protect Of the stockholders and Of crcdtOrs
and for the proper disposition Of the assets such rcseya
lion, he'll will warrant the Legislature in passing
laws change OF institution from gious
another divert The fund Of the donors
nooneu with the intent and puTprse OF the charter or
10 the stock whose subscription y
Conditional waive - the condition o. Their contract
- IN the case OF Holycle Company against Lyman,
IN The voIge, page 5l9, the Snprehc C0urt say
Vested RICHIE conceded, cannot be destroyed i'm