CHAPTER IV.

HOW CONGRESS BETRAYED THE PEOPLE.

In order to fully realize the great power of what is known as the

Pacific railroad companies, it will be necessary to look at the Central

Pacific company, and its control of the transportation of freights and

passengers from the Pacific country. This company, organized under the

laws of California, was, by acts of congress of July 1st, 1862, admitted

into the grand combination known as the Pacific roads, and granted equal

privileges with the Union Pacific and branches. The Central Pacific

extends from the Pacific ocean to Ogden, a distance of eight hundred and

eighty-one miles. The acts of congress of April 4th, 1864, and July 2d,

1864, granted to this company additional privileges and powers,

including the right of consolidating with all the companies on the

Pacific coast. In 1870 the following companies, to-wit: The Western

Pacific railroad company; the San Francisco, Oakland, & Alameda railroad

company; the San Joaquin railroad company; the California & Oregon

railroad companies were consolidated.

The state of California at that date had but one thousand and thirteen

miles of road within its borders. Of this number of miles, about

one-half became a part of the Central Pacific, by the consolidation as

above stated. All the roads pointing towards the east were combined in

this one great corporation, forming a solid body, with one common and

general object and interest, viz: a monopoly of the travel and traffic

with the eastern states. And congress, by appropriating lands and

subsidy bonds, and granting exclusive rights and privileges to this

monster monopoly, has given it the key not only to the overland commerce

of the country, but also to the commerce of our country with other

nations upon the Pacific ocean. This giant monopoly, by the aid of

congress, has obtained the absolute control of the best interests of

the whole people for all time to come--a control that is now being used,

and will continue to be used, to enrich its own members and stockholders

by oppressive levies for transportation over its roads.

To fully comprehend the cost to the country of these munificent gifts by

congress to the Union and Central Pacific corporations, let us examine

the expense somewhat in detail.

First. A grant is made of all the material needed in the construction of

the roads, found within ten miles of the line of said roads.

Second. A grant of thirty-five million acres of the public lands,

amounting, at $1.25 per acre, to $43,750,000. This vast amount of land

is taken from the people and given to companies by congressmen who in

some instances are members of the companies, and receive their _pro

rata_ share of the grants.

Third. Aid voted by congress in shape of subsidy bonds, $65,000,000,

payable in thirty years, with six per cent per annum. The theory was

that the companies would pay the interest as it matured (semi-annually)

and eventually the principal. But that this was not the intent of the

companies, nor of congress, is apparent from the different acts

regulating the matter, and as the case stands, the government is

actually paying the interest and collecting the amount from the people

in tariffs and excise taxes. The payment of the amount of these bonds,

with the interest according to their terms, will require about

$200,000,000. This amount, or nearly all of it, will be paid by the

people, and not by the companies. The report of the secretary of the

treasury shows that the amount of interest annually due on these subsidy

bonds is $3,875,000, of which the Pacific railroad companies have paid

about $750,000, and the government the balance, say $3,125,000. The

original charter of the companies provided that the charges for carrying

done for the government should be credited to the companies in

liquidation of these bonds, and also that five per cent of the net

earnings of the road should be applied to the same object. The secretary

of the treasury of the United States insisted that these companies

should be bound by this provision of their charters, refused to pay them

their earnings for government services, and also demanded the five per

cent, under the law. The companies refused to pay the five per cent of

their net earnings, and demanded pay for transportation. If we remember

that congress had already so amended the charters of these companies as

to permit them to issue $65,000,000 of their own bonds as "first

mortgage bonds," and provided that the subsidy bonds obtained from

government should be subordinate or junior to the bonds issued by the

companies, and also bear in mind that these amendments also provided

that whenever twenty miles of road was completed the patent for twenty

sections of land per mile was to issue to the companies, so that when

the roads were completed they would have title to all their lands, we

will see good reasons for the stand taken by the United States secretary

of the treasury.

The security which the United States had for the payment of the

principal and interest of the bonds, under the charter, was destroyed by

subsequent legislation, and unless the secretary could retain the

amounts due from government for transportation, and collect the five per

cent, the whole amount of the subsidy bonds, would be lost to the

government and the people. The facts of the case being well known to

congress, who are supposed to be the representatives of the people, and

to legislate in their interest and for their benefit, it would hardly be

supposed that an act would pass both branches, and receive the approval

of the president, compelling the secretary of the treasury to yield to

the demands of these corporations. Honest legislation, and a decent

regard for the public welfare, would seem to forbid any attempt on the

part of any one of the departments of the government to aid the

companies in their dishonest endeavor to avoid the provisions of a

charter which had been enacted for their special benefit. And when it is

remembered that at the time the application was made to congress (March,

1871) certain members were stockholders and directors in these same

companies, one would not think it possible that an act could be passed

relieving the companies from these requirements of their charters, or

only possible because of the practice being so long established for

congressmen to appropriate public lands and moneys to their own use,

that they had arrived at the point where they deemed the property and

money of the government lawful plunder, and that their first duty was

to provide for the rings and corporations in which they had a personal

interest. It seems to have required some strategy for the friends of

these corporations to grant them the aid they asked. Afraid to take

issue with the secretary of the treasury, and unwilling to hazard the

success of their scheme by an attempt to pass an act for the _relief_ of

these railroad companies independently of any other measure, to insure

the safe passage of the legislation and its approval by the president,

congress, by an amendment, tacked it to the army appropriation bill

(which passed March 3d, 1871), secured the relief asked for.

Section nine of the army appropriation bill reads as follows: "That, in

accordance with the fifth section of the act approved July 2, 1864,

entitled 'An act to amend an act to aid in the construction of a

railroad and telegraph line from the Missouri river to the Pacific

ocean, and to secure the same for postal, military, and other purposes,

approved July 1, 1862,' the secretary of the treasury is hereby directed

to pay over in money to the Pacific railroad companies mentioned in said

act, and performing services for the United States, one-half of the

compensation, at the rate provided by law for such services heretofore

or hereafter to be rendered: _Provided_, that this section shall not be

construed to affect the legal rights of the government or the

obligations of the companies, except as herein specifically provided."

This act was approved by the president, and the question at issue

between the secretary of the treasury and the companies was settled by

congress in favor of the latter--absolutely relieving them from the

payment of any part of the $65,000,000 of subsidy bonds, except such

sums as may be paid by allowing the government to retain one-half of the

earnings of the roads for carrying mails, etc., which sums, as shown by

the companies themselves, amount to less than one-fourth of the annual

interest accruing on the bonds. The people must pay all the balance,

principal and interest. These companies have received, in lands and

bonds, from the general government, about $109,000,000, to aid in the

construction of their roads, and all that government receives in return

is one-half of the fare levied on government transportation over these

roads, "at the price fixed by law." The only provision as to price is,

that after having donated to the companies sufficient to pay the entire

cost of the construction of the roads, government shall pay such

reasonable prices as may be agreed upon, not exceeding the rate the

companies charge to other parties. When we say "the entire cost," we do

not mean the full cost claimed by the companies, for it is not policy

for them to make a correct showing in this matter; we mean the real

actual cost. We cannot find a statement of the cost of the Union

Pacific, and do not know what the company claim to be its cost per mile,

or the aggregate cost. The Central Pacific puts the cost of its roads at

$120,000,000, or about $136,000 per mile. It shows a paid-up capital

stock of $54,000,000, and a funded debt of about $82,000,000, making its

indebtedness about $16,000,000 more than the entire cost of its road,

including rolling stock and equipments. Making a liberal margin for the

value of these last named items, and allowing the Central Pacific to

cost nearly double the ordinary cost of other roads, and the reader must

conclude that there has been, in this case, a watering of stock and an

excessive issue of bonds for the benefit of the company and at the

expense of the people. The statement of the capital stock and funded

debt of the Union Pacific shows about the same condition for its road as

to indebtedness; but the estimated cost of the road is not given.

For proof that we are not mistaken in our estimated cost of these roads,

and that the companies have received from the government a sum more than

sufficient to defray the entire expense of their construction, we turn

to reports of the cost of railroads generally, in the country, made by

men who are in sympathy with our present railroad system. These men say

that the cost of railroads in this country, from their first

introduction, is about $50,000 per mile, and that those constructed

recently will average about $30,000 per mile. We are apt to think that

the cost of the Pacific roads would exceed that of most other roads.

Such is not the fact. On the contrary, taking the entire road into

consideration, the line was more favorable than any other in the

country. It is thus described in the Railroad Manual, before referred

to:--

"The route for the eastern portion of the line is up the valley of the

Platte, which has a course nearly due east from the base of the

mountains. Till these are reached, this valley presents, probably, the

finest line ever adopted for such a work for an equal distance. It is

not only straight, but its slope is very nearly uniform towards the

Missouri, at the rate of about ten feet to the mile. The soil on the

greater part of the line forms an admirable road bed. The road, after

leaving the mountains, has very few affluents, the only constructed

bridges for the distance being one over the Loup Fork and the North

Platte. The base of the mountains is assumed to be at Cheyenne, five

hundred and seventeen miles from the Missouri river. This part is

elevated six thousand and sixty-two feet above the sea, and five

thousand and ninety-five feet above Omaha. From Cheyenne to the summit

of the mountains, which is elevated eight thousand two hundred and

forty-two feet above the sea, the distance is thirty-two miles. The

grades for reaching the summit do not exceed eighty feet to the mile.

The elevation of the vast plain from which the Rocky mountains arise, is

so great, that the mountains, when they are reached, present no

obstacles so formidable as those offered by the Allegheny ranges to

several lines of railroads which cross them. * * * The line of the

railroad up the eastern slope of the Rocky mountains is not so difficult

as those upon which several great works have been constructed in the

eastern states. After crossing the eastern crest of the mountains, the

line traverses an elevated table land for about four hundred miles, to

the western crest of the mountains, which forms the eastern rim of the

Salt Lake basin, and which has an elevation of seven thousand five

hundred and fifty feet above the sea. Upon this elevated table land is a

succession of extensive plains, which present great facility for the

construction of the road. The whole line is a very favorable one, when

its immense length is considered. More than one-half of it is

practically level, while the mountain ranges are surmounted by grades

not in any case exceeding those now worked upon some of our most

successful roads."

The description of the line of the Central Pacific, or western six

hundred and sixty-seven miles, from Ogden to Sacramento, will not vary

much from that given of the Union Pacific. It is not quite so

favorable. Taking the character of the route as given, with the

facilities for building the road, and it is not probable that the actual

cost of construction averaged more than $30,000 per mile, or $57,000,000

for the whole line. Taking the highest rate, as given, viz: $50,000, and

apply it to the whole road, the entire cost would be $94,000,000.

To aid in the construction of this road, the government issued subsidy

bonds at the rate of $48,000 per mile for three hundred miles, $32,000

per mile for nine hundred and four miles, and $16,000 per mile for the

balance of the main road and branches. The funded debt of the companies

owning and operating the road (not including the debts of the branches),

after deducting the amount of bonds they received from the government,

to-wit: $65,000,000, is, as shown by their own report, $93,000,000. How

much their floating debt amounts to we cannot tell. The stock on their

road cannot cover one-tenth of the amount of their debts. The companies

report a paid up capital stock of $91,028,190. The statement of account

would be about as follows:--

CREDIT ACCOUNT.

Paid up capital $91,028,190

Bonds from government 65,000,000

Funded debt 93,000,000

------------

Total invested $249,028,190

CONTRA.

Actual cost of construction $94,000,000

------------

Balance $155,028,190

Deduct, for 37,500,000 acres of land at $1.25 per acre 46,875,000

------------

Balance against road $108,153,190

Thus, after placing the land received from the government to the credit

of the road, still a small balance of more than $108,000,000 has

disappeared, and the companies are not able to pay the interest on the

government bonds. The reports of these companies show, for the year

1871, that the net earnings of their roads (over and above all expenses,

including taxes, repairs, damages to property and persons, cost of snow

sheds, and all other items of expense) amounted to about $9,000,000, and

yet, because these companies asked it, congress released them from the

payment of the interest on the subsidy bonds.

The conclusion to be drawn from the facts of the case, as they develop

themselves, is, that these Pacific railroad companies have used the

federal offices, and the public moneys, and lands, for enriching

themselves; that a company of men, in congress, and out of it, have

combined and confederated together for the purpose of robbing the

people, and controlling the government. We have selected the Union and

Central Pacific companies for illustrations, and attempted to state the

facts in their case, not because of any exception that they present to

the general rule, but to show the manner in which the people are duped

and defrauded by congressmen voting government aid to railroad

companies, under the pretext of developing the country, and the equally

false necessity of providing speedy and secure transportation for the

mails, troops, supplies, and munitions of war.

One peculiar feature about the whole matter is, that congressmen have

deemed it necessary for the accomplishment of their object, to become

personally interested in their own legislation by subscribing stock, and

becoming directors in the companies to which they voted these aids. We

can name congressmen who, if they were not stockholders in these Pacific

roads, at the time the bonds and lands were voted, certainly were

stockholders and directors when these companies were relieved from the

payment of the interest on the bonds issued to them by the government,

to-wit: Oakes Ames and James Brooks. How many more held stock we cannot

tell; but the fact that members were stockholders and directors must

have been known to the different departments, for, under the charter of

these companies, the directors, and especially the government directors,

are required to report in detail the condition of the companies, and the

names of the directors once each year to the secretary of the interior,

at Washington. If the reader would know the extent of congressional

legislation in favor of the rings, and combinations of men, plundering

the people, he need only look over the different acts of congress passed

directly for their benefit during the last twelve years. He will arise

from their perusal feeling that the chief duty of the government is to

foster, protect, and enrich these rings at the expense of the people.

These Pacific companies are required, by their charters, to construct

telegraph lines along the route of their roads, and to transmit messages

for the government at such rates as they charge other parties. The

appropriations by congress show that $40,000 have been voted annually to

pay for telegraphic dispatches, between the Atlantic and Pacific, but

there is nothing to show that any such sum was due from the government

for telegraphing. Among the appropriations is an item for the mileage of

the government engineer for travel, from Cincinnati to Omaha, and from

Omaha to Washington, and thence to New York; but the charters of the

companies required _them_ to pay the expenses incurred on account of the

services of persons appointed by the president to inspect these roads.

Indeed, the action of congress is such as to induce the belief, that

these roads, if not owned by the general government, are owned by

congress, or congressmen, and that it is perfectly legitimate and proper

for government to pay the cost of their construction, and of the

telegraph lines, and also their running expenses. The energy and zeal

manifested by congress, in aid of these corporations, and the great

number and variety of acts passed for their benefit, demonstrate the

fact that while the representatives of the people assemble at Washington

ostensibly to legislate for the public generally, they devote their time

to legislation for their own benefit, and that of the numerous

corporations and companies of which they are members.

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