Monopolies -- United States; Railroads and state -- United States
In a former chapter we have attempted to show the distinction between
the power of the states and general government under the constitution;
to demonstrate that the power of states was supreme in all matters save
in those expressly conferred upon the general government by the
constitution, and that for this reason the constitution of the United
States should be strictly construed. We are warranted in saying that
this rule obtained until questions involving the interests of railroads
began to present themselves for the decisions of the supreme court of
the United States. When these questions began to arise, a different rule
was demanded by the companies, and by a gradual departure the supreme
court has reversed this old and just rule, and now the will of that
court must be treated as the supreme law of the land. Judicial
legislation has usurped the place of judicial investigation, and the
people are without remedy, unless a return can be had to constitutional
rule. There is now a general complaint throughout the whole land,
because of the recent interpretation given by the United States courts
to the constitution; their disregard of statutes, constitutions, and
decisions of state courts, which have reached a point which virtually
makes the will of the supreme court superior to all constitutional and
statute law. During the war, the power and jurisdiction of the United
States courts were enlarged, and special powers were conferred upon them
to meet the exigencies of the time. From that period to the present,
these courts, by judicial construction of their power under the
constitution and new interpretations of that instrument, and by judicial
legislation, have gradually extended their jurisdiction, until there
seems to be no constitutional or legal barrier to their decisions.
Questions connected with railroad companies have increased rapidly.
Conflicts have arisen between the public and these corporations; they
have multiplied in the federal courts, and, as a general rule, have been
decided in favor of the companies. In some instances, upon questions
arising exclusively under the constitution and statutes of a state, the
judges of the federal courts have disregarded the action of the people
of the state, overridden their state constitutions and statutes, and
pronounced the decisions of the state courts invalid, and refused to be
bound by them, substituting their own conclusions in the interest of
these monopolies. To prove this, let us compare some of the earlier
decisions of these courts with those of more recent date, citing cases
where the powers, rights, and privileges of corporations were involved,
and where conflicts arose between the government of states and of the
nation. In the early years of our republic, questions connected with
corporate rights were submitted to the supreme court of the United
States; they were ably argued by the best constitutional lawyers of the
nation, and were carefully considered and decided by the courts. Upon
Public-domain text, read in full here on John Shaqi.
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