New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-10-21

-lN.-t's NlkAI III ~iAl'~.
WASHINGTON. Oct. 2o.-In the United States
Supreme urt tn-aay. decision read In case No
i.U-i pf 1875 the Union Pacific Railroad Company, ap-
rrluut. at. the United states an appeal from the
Court Claims ad 80. 81 of l-7- the C.Dtml Pn"inc
Railroad Company - 49, appellants. aet Albert CALM
| un appeal from the District NJ California. These
eases. 10th winch involve the consiitntiornly OF
the Pacific Railroad At OF May 7. 1879 known
a. the Thurman art were decided, and the decision an
uoncd oa the ias Monday OF last term bat owing to
great pressure of business. neither the majority of
%, Court ihc in ilce~ who ds-eucl, were ab. 10
pr, pare written opinions IN tu~ 10 b. delivered waen
tur dec. wcrc rendered Opinions nave now been
! prepared. and they were delivered this afternoon.
Ci,l Justice Waite read the opinion of the majority Of
To- Court sustaining tie cnn,uonaity OF the act In
question: Dissenting opinions were delivered by hao-
caio Justice, Bradley o,rous ana iird.
Tucopmlon Of tine CAri justice which deals -pccaily
with tine cnse Union Paonc l- IN brcf as ioo"s:
precise point 10 bc determined IN ise opinion OF
th- Coart be- lh'i % statute winch requires tA"
pornou of 3D., income sinking u'd 20 inec i- sub
sdy bonds nd 9th uo4t-.1c dcb's when hry mature,
deprive '"" company oil j, property without cue pl"
ca-- OF lave cor DO any other 1874! Improperly m,rr'''e'
1h, oui hoios tna' rho railroad coupany is subject
10 Legislative control 20 ilr He ne business hc- hr
he cnaricrng h,,s,f $50 and 1851 Congress retains
rail- power go MAX" snr aiie hii.i- ara oi
hem done nor rn,laLc coutrcf. when hnr, ALREADY
n tie future inaj drcci What clarau,n ,.aii 'c
made the dnc performance Of contracts arany ole
An s Than twenty wears from the present mr thcrc
VII aeconlc due from tnc Uuion i.oih- Complain about
$50 100000 secured hy the nrt anf rr.d} Mort 1a-,
bees DIES the cuntfl stock rrrcs ntng $1,000 900
more. WIN the exception 'l Int I"hu EiaA''
ANYTHING except me carnine~oi tc company can hr d.
pended to inject inc.r opheauoE- wn'u tcy INA uft.
lh' earnings, IN" t"mlNiN ,Hi'i i"!lh- 'h' interest
/ oi nuuds. nas been dividing from unc 10 lime
u.ri ihc enormous d-W Mhth Us ~ soon '' "''l "'
due Thus TIE stockholders OF c rrc-cnt nc are ie-
tie mlure may bee compelled To lose.
ihc ln.tta SLATE. occupy toward ihi. corporation
10 their Relation oi sovore -n D. h their tur 10 $50" 30 II
hcir u-r that which ~ equity heouss o. others
legislative regulation which does no more theu irqtii"
them 10 N lmit 10 t.er just contribution toward she
payment OF bonded debt cannot IN an sense or uid
to deprive Them al ther pi"i crp Win IN que p"r''@
of iaw. iAe Court hods. therefore" tha me irs- o. "n
complain o. may Dee Sustained as REASONABLE" i'Aiia-
en oi Che affair, OF Ill., c,lpora,io ana ,-i r,ouIt
OF the interests 81 ihr rhlie ara lhc r"rlii"I,. II
a Also nlIi4i,d under tie authority UF way co. amend
m,.. to clmi-e OF nodi, tuc right. privileges and m-
muure~ granted py the charter Tie Judgment OF the
! lower Cor. t Is aiirn'd.
From this Justices sirou-. Bra Hey and IicG
dissent ~ long and carefully prepared opinions.
OFINIoN OF JUSTICE STRONG.
Ju.tre s.-onc maintains that 'hc rhumln Act il n
pian tran src,.Ion of legislative power; thar tho COY
eminent contract with the railroad companies.
d aside ns -overc.giv, and That tie contract Is no
art co. tue charter of the Union Pacific Company or ~
m. Acts o. 1862 md 1864. n was subsequent trans
aci aul United STATES become party 90 ii mot n
its sovereign character but civil corpora ion with
c .amerirlt. AID obligation. pr.yat. person ANA
lao more. lie continue:
Ir, olm thc Ac OF Nay :. ISIS attempt 70 dol
n does not purpoii tu Dr a repeal of ihc charter
d. N' ".,,.t, naTr,i.,rinrs ,,,,, The r, ~.
~i,G G q" "n'' r en- ,i,n nu- u. is i take
control fDr rrol.rlt N4r debtor AND scIucsrrlf
ron Inc security ui G.lf .lir. lY tn. Terms of ;nr
r,,-ilr. jos n.i l.. .aI ,taifc for years o cune Ip
eiH ,uc power Is t. claim, fnc rei, io tl.'gi' 'ir
contract ,ntr-y. ami substitute Tor % % diL.ioit one
DID, t.l
con exec, NOW one-7u1rt"r of ic ne e-nrtto rrh OF
tHc-, c"ii""h". a'd place H do mon TREASURY. ln'N
property equal q ne amount 81 Inc c'nf oh'i
rasla I've power 49, tais - not only not confer,
G'ncd ,hoa caG-e OF Ia vh Enrnelnrl. vach
provide That no pcrson shall n' ornrErd OF III IT'D
private property a not hc taken Tor lnAn" use win
Frtnosnore It may wen be doubted whether tho Act
OF l-7- j. even an ATTEMPTED exc r1e 81 lrsismii'
ind transfer u 10 T. not ,-i-iiion II wound not be-
law. II would De decree or sentence th, right to d.
clare which II II cxsls at al. lr III thr Jn"',a prp"
act under conslteraioni me creditor necomrs
tie custodian OF The debtor. prom riy "nd
ms Il II we're his own III absurd to sy ths Ills is not
practically radical change m III. RELATIONS tween the
pariic, csablrncd nv H. contract and r T.. equally
debtors Of their property without due prlcc. law
Justice Strong concludes therefore that the Act OF
1875 Is not only unauthorized by power existing in
Congress. but infr,cuon OF the prohiuton con-
tanned IN the Iyth Amendment TO the Constitution.
JUSTICE FIELDS VIEW.
The dissenting opinion ~ Justice Field a. rs follows:
| also dissent from the Judgment of the Court I'm
| these cases The doctrines announced Will. in my
opinion create great insecurity ~ the title 10 corporate
property N the country. With assertions 80 The
contrary they IN 'Hci lar" tna tnr General Gov
eminent D. under no e-a. Obligation G." lh. IL CON
trsc'-. and whether shall do IN any cs~ or not T.
question ~ policy and not ~ duy. they also rrcoe-
nlze it. rglt TO ioiriHr 10y etisl.', deer. tnc
earnings of n corporation Win wmch nrl4H without
judicial inquiry and determination ~ {" ne chain to
~, ~. ,', ~, H., n, cosrs and maj, my .s..rf ,
| supremacy Of the Federal over IL" state Government
! snivcrsiyc - The rights Of the Stntc
fAftcr rccing the organization of the Central Pacific
Railroad Company "a corporation OF the STATE o CALI
orn the reservations 81 power made by The STATE IN
us fun pnance IN al respect. with its cement.
tab-hment ~ sinking nud Justice Fled continues
| II l. not material IN the view take If the subject
whether lac deposit IN the treasury a. ne creditor 81
this large sum be termed pa, meat ar 10y iugSiry OF
words be- called something ese. II Is the 'Nac.
, ton from the cUuIpnuy OF money belonging
| 10 n. which tine original contract dId
len ure IN" Xct Of ls7s makes complete change in
hts and liabilities Of the company IL purpose.
,an, az M fln,n re-rrlicd l,y The Al .,n,r,,f
tAa IL H. Unconstitutional IN lts charHc u Is
Just IN IT. oremtion | hhyc 10 doubt whatever and
plausible for ~ maintenance
lido not understand appreciate mat Goctrnc whc!
would a-cIue 10 the Federal Government a sovereign
night n choose corporations with wluch
deals. aud would exempt II from that ercat law Of
morality which should hnd ali Governments 10 binds
| all iudiyldual--tO do Justice and Keep faith.
TIE Central pacin Railroad Company state cor
pofann and creating ~ the STATE ftsctv,d the
control over it winch il possesse> over other railroad
ana telegraph aucs created by n. II undertake..
10 control aud manage u Ia 81 particulars required
the public srrvlcei aud can there be ans doubt IN the
mind aus who has the icast respect Tor the
serysd r.gnt- tie state, that creations
the state mas supreme auiho;ilyt confess that 1
utterly AT loss To Ind wurrc authority the part
the United STATES interfere with The state this re-
eu,cf and fake sCu control from 90 be- found slrsp
m thc theories Of those who regard The General Govern
| nrnt a.. the ul-routrDiIIug power oi The NJ