The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-27


II the Supreme Court should unexpectedly
decide In the mndc.up case before it, brought
by tn" Central Pacific corporation tn test the
cons nationality OF what IL known ns the
THURMAN act. that the law isH violation Of
contract in the sense of the Constitution. as
the attorneys OF the road contend a remedy
will be- found in new legislation Mr.. THUR
MAN, Mr.. EDMUSDs, and the best lawyers Of
the Senate. aided attcrly by the cooperation
OF Judge DAVIS, carefully considered all the
questions likely to be involved during two
years before the measure requiring the
Pacific railroads to secure the Government
for It's advances Of money and the payment
of interest, WAS finally presented and passed.
These companies have always shown re-
markablc strength In the courts. and thcy
were able to obtain decision from the hi4h-
est tribunal that the interest paid by the
Treasury on the bonds issued by the Gov
eminent to aid thu construction OF the roads
was not due or recoverable until the expira-
ton of the bonds in 1909. Under that decree.
thcro was n protection Of any kind for the
many millions of principal and interest
which had been advanced. and meanwhile
the Ccutral Pacific and the Union Pacific
were coming money and showing net sur
plus Of seven or eight millions each every
year
The THURMAN act was admitted at the
time 10 be moderate in its cxattions by all
but those Interested in the monopolies
against which il was directed. No legsa-
tion calling them to account. fixing time
Of settlement. or demanding even the most
limited justice. can be satisfactory 70 cor
porations SO grasping as these are. and so
powerful in their Influence to reach Con-
gress, courts, and juries The enormous
capital they control is little understood by
the public. According TO the sworn returns
OF the managers Of the Central Pacific before
/ this recent legislation. they represented one
hundred and eighty millions OF property
exclusive Of the southern Pacific, which is
substantially tho same concern. and is now
building out of the profits OF the Central.
This Immense wealth is owned mainly by
| five persons. or rather now by four. and by
the heirs Of n fifth Litigation which
! causes delay IS n pastime 20 them. while their
daily revenues are swelling into millions.
They can we'll afford to contest every inch
Of technical ground in all the courts; to
employ the foremost professional talent; to
subsidi2e all procurablc newspapers; TO re-
tain counsel in Congress; to keep wcll-paid
agents and lobbyists at Washington; and to
cover every exposed point.
/ The passage OF the THURMAN act In the
| last Congress was an extraordinary tri-
/ umph. considering the influences that were
arrayed against II. GOULD. HUNTINGTON,
and their army of retainers in both parties
/ and both sexes, were encampcd at Washing
ton for months, with every form Of attrac-
! tion TO conquer prejudice aud to win sup
/ port. Papers protesting to support Mr..
/ THURMAN "a Presidential candidate,
which had VIGOROUSLY received aid and
comfort from JAY GOULD, were openly
/ enlisted against his till. as was the whole
tribe OF jobbers then infestlng the corridors
/ OF Congress.
The Independent press contributed mate
rally to that victory by rouslny public
opinion to n sense Of the impending danger,
and fixing attention on the Senate, whore
the bill originated, and whore it had been
thrown over at the end Of the Forty-iourth
Congress. The supreme Court has fallen
greatly in public esteem since Gen. GRANT
packed ii for the legal tender decision and
since the Judges who decided that case also
put through the Great Fraud by which Mr..
HAYES was declared President. 1t cannot
always stand on the side Of these great cor
porations without provoking stern resent
ment. Hence the decision in this case Of
the Central Pacific will be awaited with
peculiar interest.