FREE BOOKS

Author's List




PREV.   NEXT  
|<   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207  
208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   >>   >|  
itution, whose purpose was to preclude the repudiation of debts and just contracts, protects and perpetuates the evil."[186] Any government framed and set up to guard and promote the interests of the people generally ought to have full power to modify or revoke all rights or privileges granted in disregard of the public welfare. But the Supreme Court, while permitting the creation or extension of property rights, has prevented the subsequent abridgment of such rights, even when the interests of the general public demanded it. The effect of this has been to make the corporations take an active part in corrupting state politics. Special legislation was not prohibited. In fact, it was a common way of creating property rights. If a bank, an insurance company, or a railway corporation was organized, it was necessary to obtain a charter from the legislature which defined its powers and privileges. The corporation came into existence by virtue of a special act of the legislature and could exercise only such powers and enjoy only such rights and privileges as that body saw fit to confer upon it. The legislature might refuse to grant a charter, but having granted it, it became a vested right which could not be revoked. The charter thus granted by the legislature was a special privilege. In many instances it was secured as a reward for political services by favorites of the party machine, or through the corrupt expenditure of money or the equally corrupt distribution of stock in the proposed corporation among those who controlled legislation. Not only did this system invite corruption in the granting of such charters, but it also created a motive for the further use of corrupt means to keep possible competitors from securing like privileges. It was worth the while to spend money to secure a valuable privilege if when once obtained the legislature could not revoke it. And it was also worth the while to spend more money to keep dangerous competitors out of the field if by so doing it could enjoy some of the benefits of monopoly. By thus holding that a privilege granted to an individual or a private corporation by special act of the legislature was a contract which could not be revoked by that body, the courts in their effort to protect property rights opened the door which allowed corporation funds to be brought into our state legislatures early in our history for purposes of corruption. But little attention has been given as yet
PREV.   NEXT  
|<   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207  
208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   >>   >|  



Top keywords:
rights
 

legislature

 
corporation
 

privileges

 
granted
 

privilege

 

corrupt

 
property
 

charter

 

special


competitors
 

powers

 

corruption

 

legislation

 

revoked

 
public
 

revoke

 
interests
 
opened
 

brought


protect

 

allowed

 

equally

 

contract

 

proposed

 

courts

 

distribution

 

effort

 

expenditure

 

secured


reward
 

purposes

 

attention

 
political
 

history

 

private

 

machine

 

services

 
favorites
 
legislatures

securing

 

instances

 
obtained
 

secure

 

dangerous

 

controlled

 

holding

 

valuable

 

system

 

invite