Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-04-19
A STRANGE CASE OF RANK INJUs-
TICE.

STRANGE CASE OF BANK INJUS-
TICE.
Acting President Charles Crocker, of the
Central Pacific Railroad Company, in his
recent report in behalf of the Board OF
Directors Of the company, says: CAL
though the company has at all times
promptly paid the United States require
ments under the several Acts of Congress,
the Government has neglected to pay the
company for transportation services per-
formed by it on non-aided and leased lines,
even after the decision of the Supreme
Court that such payments should be made
to the company in cash. This withhold
ing, he adds, still continues, and the sum
so unjustly and illegally withheld now
amounts to over 100000
If a charge is preferred against rail-
road corporation that in any respect what
ever, no matter how trivial, it has neg
lected to discharge its obligations towards
the Government, there is instantly raised
storm of protest md censure which
oftener grows into open hostility and re-
suits in political and legislative activity to
punish the alleged delinquent. But here
is case in which positions are reversed
where the Government is the open and
confessed delinquent where its own tribu-
mails have decided that it is in error, and
pointed out to it its plain and unmistaka-
bly, duty; yet but few voices are raised
among the people in rebuke, and the public
conscience is not stirred by fact or the
public judgment fired with indignation
over the confessed injustice.
1t would seem, from our practice as a
Government, that there are two distinct
codes of morals-one that holds individ-
uals, singly or in associated capacities
rigidly accountable, and exacts of them
prompt discharge of all obligations to the
Government; another that excuses the
latter, though it is but an aggregation of
individuals, from similar performance of
duty on its part towards its citizens.
Here we have the Railway Commission,
the reverse of friendly to the Central Pa
cific Company, saying concerning this
matter: 'In the judgment of the Com
mission, after the determination by the
Court of Claims and the Supreme Court
of the United States in the case of the
Denver Pacific Railway against the United
States (relating to the obligation to the
United States to pay over these amounts),
al uas The duty Of the Government to poy
Ouei, lcithoW delay, to the respective com
panies, all moneys due for services rendered
By leased or auxiliary roads belonging TO the
bond-dided roads Whatever
amount there may be due to the Central
Pacific Railroad Company arising out of
transportation, or services rendered by the
branch lines, or by the unaided portion of
the road, ought to be promptly paid to that
company. 1t appears from the evidence
and the report of the Commissioner of
Railroads, that the Central Pacific Rail
road Company has discharged all the obli-
cations arising out of the Acts of 1862,
1864 and 1878, respecting the transporta-
ton applicable to the interest and bond
account, and applicable to the sinking
fund account, and also for the require
ments calling for additional payments to
the sinking fund, until the amount of such
payments should equal 25 per cent. of the
net earnings. The United States has.
therefore, no demand or claim on account
of which it can Justly retain any amount
which is due from it to the Central Pacific
Railroad Company, and the amount so due
ought to be paid and discharged wiaout
delay"
1t is not supposable that the biased, par
tial and bitterly prejudiced press, which
is forever invoking maledictions upon the
railroad company, will open its eyes to
this remarkable state of facts. 1t would
not accord with the policy of such in
huences TO admit for one instant that the
Government of the United States of
America, with its bursting treasures and
an overfiowing purse, refuses to pay to
creditor a sum found by its own judicial
agencies to be due, and for the with
holding of which there is not the slightest
excuse or defense whatever.
1t is a strange and perplexing phase of
political ethics that exempts the people in
their aggregated capacity from the ordi-
nary code of morals to which individuals
in their private capacity are rigidly held.
1t would seem to those Who do the Justice
which they exact of others, that there is
no reason in the policy Of the Government
as political organism, or in society as a
social union of interests for common de-
Tense and promotion, to justify different
rule of action on the part of the Govern
ment in its dealings with citizens under
contracts, from that which obtains be-
tween individuals