New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-05

rsrilng tho ,rubfuIpcss ~ his reply he YVES asked
whether any portion Of II had been spent for the pnr-
pose Of Influencing legislation, the counsel IeIresonf-
Ing him would have been untrue to their duty II they
had assumed tho responsibility and advised him to
decline answer fnfihci.
lint an answer TO The question which the counsel sd
vscd this witness not to make was tcaiy contained
his reply. that he did not remember hc pur-
poses for which fhts money had brcn eNrchdcd
Influencing legislation has a wide and diverse
meaning
Every American. who cares for his birthrlgh. and
who undertakes to perform the duties of citizenship
influences legislation when he declares his preference
for one candidate for legislative Office above another
Ills prchbor who goes forth to represent him In the
local Legislature or IN Congress TO whom h. has stat
ed his views the current questions OF he day which
will form the subject OF enactment. Il Influenced In
his course by such expression and In this way every
voter for successful candidate may be said to inii-
II is tho right and the duty of citizen to in
fnonce glaiion: and tho more Interested he IS in
the subject matter the higher becomes the duty to
his Influence 70 Obtain such laws as his necessities
Justly demand The dnty of determining upon tho
proprey of proposed statute Is with the legislative
body.
As the necessities arise for interfering in legislative
acts. tho purpose OF which Is not announced before
Legislature meets. and as the persons Interested IN
such subject be distant from tho State House. or
srents who reside at the cspal Of tho state or of the
Nation. to represent those who may DO interested In
the cnactments proposed.
The payment OF money to influence legislation may
be made yh the most perfect proprieiy. Effective
service by Intelligent agents cannot be procured graf
fore the judicial department.
In England the business of parliamentary agents Is
the Legislature Of Great nriiain arc represented by
agents just as suitors In court arc Represented DIV
COUNSEL and although tho business of agents OF this
character in this country is highly esteemed
in England, IT would be better for the community II
properly employ agent TO promote the passage or
defeat OF pending measure than that ne shonin oe
debarrcd from the employment of counsel to prosecute
or defend I'm a court of Justice.
It is said that the Central Pacific has dsburscd
large sum for such service.
Itwas proved before the Commission that N" paria-
menary cost of planning to committees and obtain
ing the necessary legislation for the BRIGHTON galway
birmingham. $4,000 per mile Of the Blackwaii Rail
way sI44OO per mile; that the solicitors bills Tor
the Southeastern Railway was total OF 100000
The expenditures OF tho Central Pacific arc insig-
nfcant as compared with the cost of the same ser
vices required for obtaining the necessary legislation
has been spent by the Central Pacific for the purpose
sponsbIe caisc Tor the largest portion Of such
pcnduro Long before the last rail was laid and con
the most nagging and ceascless persecution at the
hands Of the officers of the various Departments ana
Of Congress And IT has been TO ward on the noS hae
been compelled to employ agents and attorneys 10 OK
plain their tue position to officers of the Departments
and members of Congress and the necessity Tor such
expenditure has required with every change in the In
cumbcnts of the different Departments ana their
subOrdinates, and with the election OF each Congrcs
There IS no a leading cooperation In tho country
that has not been forced to so protect itself
ARE LEGISLATORS OMNlSCIENTf
There is not an intelligent person Of mature age In
this country who docs not know that the leading cor
poratiOns not only railroads, but banks and Insurers,
would DO severity mucted by adverse and ilconsdered
legislation, promoted by the worst class IN inc coli-
muny who hang about legislative hs ss reSn
And therefore, 1t Is necessary to expsn 10 MEM nr
proposed bilf before them seeking their sanction Not
withstandng tho vtuperstion, the abuse. that u IS
with but few exceptions they will be found disposed
to act in accordance with right and Justice EGr
explained, they liable to como to an erroneous
conclusion.
to repay to the United states the interest the bonds
the ss @ ,h by the out
obligation to refund to the United states inc In,
paid before the maturity Of the principal OF the
1t became evident, from the transportation accounts
latter paying in ten years only about the amount
they had paying n on and net that s"ch
pal Of said bonds and that the total amount S OF smSh
mstfcd wond be far Beyond the ability Of tho
pan's 10 n pay he ,oreoien that during all the time
the only sufferers were the Companies the Government
pf 70 s It wa
Ss ss is sg % to e Tsfs
signed to pay them The cOmpsp,le were ak 6eopng
the result Of being year by year brought more deeply
BIT Congress only the increase Of this Debt
doing all and more than they had
s tho s. ss. ri Ie a, are
OF he s f had 1G
pay to tho companies being retained by the Treas
IN ycha%ns up of this tire against he
party to the contract And so It resolved, IN defiance
est ss'" rules aS Of right and s Justice, that i
contract alter amend IT, to compel the railroad
companies to pay the principal and interest OF these
should begin doing this years before the debt maured
Bllp was added to the statute book on May 7, 1873
PERNICIOUS LEGISLATION.
It would seem that tho construction TO be givcn TO
the last section of the Act Of May T. 1875, is that
the has changed tho contract for the pay
of the principal and interest OF the bonds by pro-
vldng fund from which they shall be paid and that,
cOmpl ance with the terms of this Act, the company
not required furnish any other mode of payment,
nor, without any change in the law, can the Govern
n.cnt demand II.
Tho companies did not assent to this change In the
contract. and resisted its validity hut the Supreme
Court of tho United States speaking through the Chief
Justice, held that:
This Act establishes sinking fund for the payment
OF the debts when they mature, but does not pay the
debts The original contracts of loan not changed
All that has been done IS, to make IT the duty of the
company 10 lay up portion of its current net income
meet the debts when they do fall due. That II is
matter Of no consequence that the Secretary OF the
Treasury is made sinking fund agent and the Treas
ury of the United States tho depOsitary that the
investment is to be made I'm the public funds of the
United States. This does not make the de-
post payment of the debt due to the United States
1t takes nothing from the corporation or the stock
holders which actually belongs to them. IL Expresses
no one, and innicts wrong.
Mr. Justice Strong, dissenting, said
In my opinion. the Act Of Congress of May z, 1873,
IS plainly transgIcssive of legislative power
II is as II "A LEGISLATURE,
any prctcncc, to alter contract Into which the Gov
err ment has entered with private individual as II
IS for any other party to contract to change ~
terms without the consent of the person contracting
with him. As to It's contracts. the Government, I'm
all its departments, las laid aside its sovereignty, and
1t stands the footing with private contractors
Speaking of the contracts made by the Acts Of 1862
aud 1864, Mr. Justice Strong says:
II Is manifest that by this contract the Government
cnillrc Ia al Ii