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Re: You're missing the point
Author: OldPoleBurner
Date: 07-03-2013 - 22:11
Railroads were never relieved of their common carrier obligation towards passengers. They were only relieved of the financial responsibility for it; and that only because the economics of it changed so radically after the war (no thanks to Pres. Eisenhower).
The legislation that relieved them of the financial pain, also provided that in exchange for the relief, passenger services would continue to be operated with timetable priority over any railroad that accepted the financial relief, at the discretion of the agency Congress appointed. Those that did not accept those terms, were indeed not relieved financially and were forced to continue passenger service as before, on their own dime.
The Common carriage mandate itself is still there. That sorry excuse for a judge is flat wrong and will be overturned. Congress has the authority to appoint whatever agency it deems fit. Nearly all common carrier obligations were written in stone, at the very creation of these corporate entities. It is not new. it has taken no one by surprise. It was not imposed after the fact. They damn well did agree to it at the very outset.
Of course; no agreement with the legal requirements means no charter; simple as that! And why should it have been any other way! Why should anyone be excused from long standing law. So why should they now!
Indeed, the concept of "common carriage" even predates the Constitution by more than a century. The basic workings of it are rooted way back in English common law. And the Constitution gave Congress express authority to regulate it; it being already a well established principle of commercial law by then. Most importantly; common carrier law is at the very heart of Congress's Constitutional duty to "provide for the general welfare" and "regulate commerce among the states" A universally assessable American economy, critical to the general welfare, would not have been possible without it. - and still wouldn't be!
Corporations are not real. They exist only on paper, only so long as some government says so. So indeed, these requirements were put in their 1st charters (the paper) by common law; in return for their existence as a recognized corporation. Yes, this government like all others, is the only earthly power that can enforce recognition of a corporate identity (its existence actually), and its property rights on the public. No private claims of such would have to be honored by anyone. Think about it!
Hence any corporation is merely a child of government - and often a spoiled child at that! And the likes of UP. and also CSX, have repeatedly proven themselves to be completely spoiled, dog in the manger, petulant brats! My 18 month old grandson often shows more civility and maturity than they sometimes do. They indeed need a trip to the woodshed! Maybe more than once!
Especially when they forget that they are not special. Like everyone else, they must earn their keep, in exchange for something that is of value to somebody else. Their profits are in exchange for satisfying a public need. What other conceivable reason would the public have, to grant them charter and defend their existence, in the first place.
OPB
The legislation that relieved them of the financial pain, also provided that in exchange for the relief, passenger services would continue to be operated with timetable priority over any railroad that accepted the financial relief, at the discretion of the agency Congress appointed. Those that did not accept those terms, were indeed not relieved financially and were forced to continue passenger service as before, on their own dime.
The Common carriage mandate itself is still there. That sorry excuse for a judge is flat wrong and will be overturned. Congress has the authority to appoint whatever agency it deems fit. Nearly all common carrier obligations were written in stone, at the very creation of these corporate entities. It is not new. it has taken no one by surprise. It was not imposed after the fact. They damn well did agree to it at the very outset.
Of course; no agreement with the legal requirements means no charter; simple as that! And why should it have been any other way! Why should anyone be excused from long standing law. So why should they now!
Indeed, the concept of "common carriage" even predates the Constitution by more than a century. The basic workings of it are rooted way back in English common law. And the Constitution gave Congress express authority to regulate it; it being already a well established principle of commercial law by then. Most importantly; common carrier law is at the very heart of Congress's Constitutional duty to "provide for the general welfare" and "regulate commerce among the states" A universally assessable American economy, critical to the general welfare, would not have been possible without it. - and still wouldn't be!
Corporations are not real. They exist only on paper, only so long as some government says so. So indeed, these requirements were put in their 1st charters (the paper) by common law; in return for their existence as a recognized corporation. Yes, this government like all others, is the only earthly power that can enforce recognition of a corporate identity (its existence actually), and its property rights on the public. No private claims of such would have to be honored by anyone. Think about it!
Hence any corporation is merely a child of government - and often a spoiled child at that! And the likes of UP. and also CSX, have repeatedly proven themselves to be completely spoiled, dog in the manger, petulant brats! My 18 month old grandson often shows more civility and maturity than they sometimes do. They indeed need a trip to the woodshed! Maybe more than once!
Especially when they forget that they are not special. Like everyone else, they must earn their keep, in exchange for something that is of value to somebody else. Their profits are in exchange for satisfying a public need. What other conceivable reason would the public have, to grant them charter and defend their existence, in the first place.
OPB
