“ANOTHER LAW THAN THAT OF THE STATE”. RAILROAD COMPANIES’ POLITICAL RESISTANCE TO PUBLIC REGULATION (WISCONSIN, 1870s)

Abstract

The 1870s in the United States were a period of intense debates regarding the power of railroad corporations. Regulation efforts multiplied, especially at the state level. The article studies the case of the Potter law, voted in Wisconsin in 1874, which triggered a violent controversy opposing the representatives of the railroad companies and those of the state. The controversy highlights the role played by corporations in the political sphere. While opposing the legitimacy of the state to regulate railroad prices, the managers claimed to be enforcing “another law than that of the state”. In doing so, they highlighted different conceptions of the (political or non-political) origins of those large businesses. By acting as direct rivals of the government and refusing to respect the new law, they also sparked a debate on the question of power and politics within companies. Although these managers sought to define their corporations as purely economic actors, the analysis of the controversy shows their very political character during that time.