The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-06-04

anne deDCS were contracted by the
anne men, under the same circum-
tances, as natural men, or as part
ership, the law would exhaust in
heir payment, not only the partner
hip property, but the individual es-
ate of each partner. This distinction
the liabilities of natural per
ons and of private corporations cen
ind no defense except with those,
who. intent on following what is cali
ID the spirit of the age" in its vicious
loose sight of moral rules.
believe that civil liberty is in jeop- |
irdy, when the aspirations of men are |
suppressed or exercised by the suf-
Trance of those artificial creations icon
trolling almost boundless wealth,
whose influence is vast enough to
shape the laws of the government
which created them, and which know
ing no such thing as humanity or pa
triotlsm, recognise no duty except
that of increasing their wealth and
power.
OBJECT OF GOVERNMENT.
The chief object of government
such, in their liberty, their persons
and their property. That protection
should be equal and Uniform; and TN
der it everything that can be practi-
cally and beneiicially accomplished,
should be done by the individuals.
ORIGIN OF PUBLIC CORPORATIONS.
At very early period partnerships
were recognized as proper aids to sep
arate individual effort, in meeting the
exigenees OF q growing civilization.
The pursuits, condition, and habits of
those eoagregated in cities and towns,
neoessitated the delegation of special
powers of government to such locali
ties, through municipal corporations,
as governmental agencies, eminating
from and under the control Of the
sovereign, or legislative power of the
state. Their creation for dense popu-
lations in cities and towns, grew out
of Che necessity for au ever present
governmental agency to protecs and
control men when thus congregated,
and in itself suggests the superior fit
ness of rural populations for the, finest
government.
ORIGIN OF PRIVATE CORPORATIONS
. OF A PUBLIC NATURE.
In the progress of material develop
ment, other objects, such as railroads,
turnpikes and bridges. too costly for
local taxation, became of such public
interest that they were demanded as q
necessity, and for their efficient estab-
lishment and support neither individ.
u Il effort 2or municipal government
seemed adequate. TO the extent Of
their necessity as promOtive of the
public good of the whole country it
became a public duty resting Or
the state to provide for them
This it could do either by it direct ac-
tion as sole proprietor Iof the necessa-
ry means for their construction and
support, or by delegating its authori-
ty to Individuals in an act of incorpo'
ration, to act as governmental agen'
cy to accomplish the objects specified
in the charter. The power of actor
thus conferred, was the power
of the government, acting
through them, in their corporate ca
:. pacity.
The quasi public corporation, thus
created, is as private enterprise am.
ply compensated for every public ben
eft it may confer, by its incidental
power to take the property of others
which may be Necessary for it's use, by
paying for it. 1t is also compensated
by its continued existence in success
sion, and limitsd responsibility. These
are extraordinary and exceptional ad.
VantageS, over and aoove those enjoy
ed by natural persons, as individuals
or as combined in partnership under
general laws.
TEST OF THE RIGHT TO CREATE COR
lRATIONS.
This review of the origion, necessi-
ty, nature and attributes of private
corporation furnishes rational & uide
in determining the limits which should
be observed in their creation, as well
as the extent of the power which
should be delegated to them. 1t shows
that charter of in corporation should
be granted only,
l. For such objects as will certain
ly resule, in being conducive, especially
to the general public good; and not
merely to the private benefit OF the
corporation.
2. For such objects of public good
as cannot be performed by the State
through its direct action, so we'll as
by individuals incorporated:
3. For such objects of public con-
Germ, as cannot be effectually attained
by the individual efforts OF persons or
of partnerships, and as are not adapt
ed to the powers of municipal corpora
tions.
1t follows, also, as proper deduc,
ton, that the government should re-
serve the power to regulate and
change the scope of corporate authori-
ty, which it had created by law, in the
! same manner, and to the same extent,
that The powers of action of natural
persons are regulated and controlled.
PERvERsIoN OF POWER.
These guides for the formation of
corporations have been so far and so
universally departed from, that the
reason and necessity for their cera-
ton in the interest of the public, have
been lost sight of and Forgotten.
The extraordinary advantages and i'm
muninties conferred unpo0 them, were
intensified and given shielded eXis-
tence in the full exercise of their
charter powers in perpetuity. by an
early decision of the Supreme Court of
the United States, which construed q
charter of corporation to be contract,
involving an obligation which could
AAOO w AA1ReAAO0 W ooJ VI 1bO
State regulating its conduct: thus
giving it another exalted position of
Independent supremacy over and
above that occupied by natural per-
sons, and tleing up and detracting
from the power of the government to
regulate the conduct of its citizens.
1trecognized the powers of the State
governments to parcel off by iireyoca.
hln 0nnfraat tn founrod 0i1nnc nnrfinnC
of its legislative power which had
been delegated to it by the people.
That decision blew the breath of per
petual life life and fixed personal iden-
tity in a mere ideal being, an artifi-
cial creation of imaginary workman
ship, set up as a person, more inde-
pendant of state control than the citi-
zen, and Of greater vitality to move
among natual perons without further
control OF its creator in the regula~
ti0D of IFS o0nduf