Return of the Railroads to Private Ownership, Hearings Before Part 5. 66-1, Plumb Plan Testimony, August 20-27, 1919

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919. Excerpt: ... assess themselves to aid in the construction of railroads under State laws when constructed by private corporations has been upheld in every instance where there was no constitutional prohibition, although it was contested in the early cases because it was a grant to a private corporation, but in the case of Olcott against tho Supervisors, which I cited earlier, they said certainly the power of taxation may be exercised by a State to build this road, and although it is built by a private corporation it is just as much for the public benefit as though it were actually built by the State, and the right to taxation for such construction was upheld on the ground that this was merely a dele Efated function to a private corporation to do that which re "dry beonged to the State. I doubt if anyone will dispute the right of a local territory under State laws to provide taxes for the construction of these highways. Mr. Denison. What right has Congress to do that? Mr. Plumb. We do not give the right to Congress to do it; we merely provide that if this locality acting under local laws does assess itself to provide the means for construction, then the United States must build the line. Mr. Denison. What right has Congress to put that burden upon the people of the United States? Mr. Plumb. The Congress does not put that burden on the people; the people assume it. Mr. Denison. What people? Mr. Plumb. The people in the territory that demand that the United States should budd this extension. Mr. Denison. They cause the expense and do not pay all the expense? Mr. Plumb. They may pay all if they demand the road, but if they should not pay all they must submit their needs to the board of appraisement to apportion the public and private benefits and if they then accept the ap...