The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-10-21
9. 5. SUPREilE coGRr.
peeisIon Of the roaFFi IavoitIas the con.
stitutionalIty of the Pacific Railroad
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III Act, Otherwise Known Ast the Thu
mas Aef. O5Hu1uJ ltfiil MA
I wAsnrSoroS, October 90 = suptsu
Court, case No. loss Sf1s7s, Union PGcit
{ Railroad Company, appellant rs. Il
bUnited States, appeal from the Court
Claims, and case No. 972 Of 1875, centr
Paeias Railroad Company, d al, VS.. a
bert Gallatip, appeal from the olrcu
Court Of the United States for the Distri,
toi California; rAese easesI bOthot xhic
involve the cohstitutionSlity Of the p
cifc Railroad Act Of 1870, known as th
Thurman Act, we're decided and the deci
ions announced on the last Monday Of th
last term Of Court, but owing to the grei
1presSure Of business neither the maiorit
!, of the Court nor the Justlcss who dissent
Ied were abie 70 prepare written opinion
in time to be delivered when the decil
ionsSwefe rendered. opiniVns have sinct
hoWever been prepared, and were deliy
Tered this afternoon, Chief Justice Wait
reading the opinion OF the majority OF tn
Court sustaining the iconstitutionality Q
the act in question, and the disseniinJ
opinions were delivered by Associate
1 Justices Bradley, Strong and Field.
/ The opinion Of the Chief Justice, whicl
deals especially with the case OF the Uniol
Pacific, Isl in substance as follows: The pre-
else point to be determined in the opinion
ldf the Court, Is whether astattite whicf
requires the Company in the management
OF is affairs 10 set aside It's income as
'fsinking fund 10 meet It's subsidy bond,
andUther mortgage debts when they ma
thre deptiyes the Company ofits property
without due process OF law or in any otheI
way improperly ihterieres with invested
rights. The Court holds that the Railroad
Company is subject 10 legislative control
so taras dts business affects the public in.
terestsf that BY the reservation contained
lin the chartering acts OF 1852 and 1854,
Congress retains full power to make such
alterations and amendmentsof the charter
las come within the Just scope OF legislative
power. IN SO. doing Ii Jean not Judo
bwhat has already been done nor unmake
contracts which has already been made,
but 1t may provide for what shall be done
in the future and may direct what prepa.
ratlen shall be made for due performance
OF contracts already entered into. In less
than twenty years from the present time
there will become due from the Union
Pacific Company about SO millions dollars,
secured by the titst and subsidiary mort
cages, besides the capital stock represent
ing S6 millions dollars more, with the ex-
ceptlon OF the land grant title II anything
except the earnings Of the company can
be depended on to meet these obligations
Whenh they mature. The earnings Of the
company after paying interests ON It's own
bonds have been divided from time To
time among Its stockholders without lay..
ing by anything to meet the enormous
debt which ls soon TO become due. Thus
the stoekholders Of the present line
are Sreeeivine in shape Of dividends
that which those Of the future
may be- compelled to lose. The United
States occupy to this corporation two.
fold relation, that Of sovereign and that OF
creditor. In their relation Of sovereign il
fis their duty to see TO 1t that the current
stockholders do not appropriate TO their
own use that which In equity belongs to
othera A legislative regulation which
does no more than require them to submit
theft Just contribution toward the pay.
ment of the bonded debt cannot in any
sense be said to deprive them OF their
property without due process of, law The
Uoutt holds, therefore, that lie legisIatlon
complained OF may be sustained as q rea.
sonable regulation OF the affairs Of the
corporation and promotive Of the inter.
ests OF the public and corporators. It is
also warranted under authority bylwayot
amendment, to change or modify Tho
rights, privileges and immunities granted
by thecharter. The judgment otthe low.
er court d affirmed. fT-fs-
From this decision Justices Strong,
Bradley and Field dissent in long and
carefully prepared opinion.
Justice Field concludes his opinion as
follows:
The Central Pacific Railroad Company
is state corporation; and, in creating Il,
the State reserved the same control over It
which 1t Possesses over other railroad
and tetegtaph Companies Created ft1yilk.
i Undertakes to'c control and manage Tin
all particulars required for public service,
and can there be any doubt in the MUD
OF any one W no has the least respect for
the reserved rights Of State, that, over
Its own creations, q State has supreme
authority l confess 1 am utterly
At loss to find where the authority on
the part Of the United States to, interfere
with State inthis respect, and take such
control from II, is to be found except In
theories ofthose who regard the general
government as the all controlling power OF
the nation, TO which States, even In local
matters, must bend. I cannot assent 70
any such theories. The government crea.
ted by the constitution, left to the States
the control of local matters, and it never
entered into the conception of It's trainers
that under Its creations States could
be taken by It from their control,
and theyewere left poweriess and halpless
In the matter. The doctrines announced.
in the opinion or 0 maIority Of the 5oo6rt.
90 iurtheEth any Heretofore advtnesd
and evenithoughi possible in the history
Of the country TO destroy The indepehd.
enee ottthe States and establish their
helplessness even in mattersof local con.
Germ asa gainst tbs viii Of Congress- he
must be dull indeed who does not SEQ that
under the legisla ton and course Of decis.
ION OF lates yeaIs our government Is iast
drifting from its ancient moorinRs and
from thesYsteni established by our faith.
ers into aSast centralized and consolidat.
ed government.
Nos 403-LeRis Weitzell, Collector, etO..
plMnti IN error, W. James ". GOT and
Oliver Perrin Il dismissed pei stipulation.
No. 76S-Taylor Strauder, plaintiff In
erors.ys. State ofaWest Yirgtnia; argu-
mant enmTnannad - ~ = - :