Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The conditions which now confront the people in many states, where
statutes regulating public service corporations are often tied up
for years by litigation, tend to create discontent, impatience
and dissatisfaction with the courts and to engender a desire for
revolutionary change from an intolerable situation. Laws regulating
public utilities are often essential for protection against those who
otherwise would have the power to make a prey of the necessities of the
people, and it is disgraceful that the enforcement of such laws can be
delayed by litigation for years after their enactment. As the delays
in our criminal procedure are crying for remedy, so the delays in this
class of litigation are crying for immediate and effective relief. It
is of paramount importance that the people should be convinced that
they can obtain in the courts, and especially in the federal courts,
a prompt determination of all litigation affecting the validity of
legislation regulating public service corporations which they or their
representatives have deemed necessary for their protection against
extortion or oppression. In most cases, however, it will be found that
the representatives of the state are as much to blame for the delays as
are their adversaries.
But, above all other considerations, stands the necessity for
maintaining the absolute confidence of the people at large in the
wisdom and impartiality of the federal judges, who are so often
called upon to determine the validity of state statutes alleged to
conflict with the Constitution of the United States and in so doing
to administer justice as between the state and the individual--as
between the majority and the minority. It should be a matter of
profound concern to us as lawyers to make all laymen appreciate
that the exercise of this jurisdiction by the federal courts is
necessary for the preservation and perpetuation of the Constitution,
and that it is right and just that every citizen should have the
privilege of appealing to the national courts for the protection of
rights and liberties guaranteed to him by the national Constitution.
Equally important is it that the people should appreciate that in
entertaining suits to restrain the enforcement of state laws alleged
to be unconstitutional, the federal judges are only performing their
duty according to their oath of office, which in the noble language
prescribed in 1789 pledges them "to administer justice without respect
to persons," to "do equal right to the poor and to the rich," and
to "faithfully and impartially discharge and perform" their duty
"agreeably to the Constitution and laws of the United States." An
examination of the cases in which injunctions have been granted against
the enforcement of state laws must satisfy any candid mind that in the
great majority of cases the power has been impartially exercised, with
tact and wise discretion, and that such injunctions have been granted
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