Monopolies -- United States; Railroads and state -- United States
views upon the policy rendered necessary by the grave situation of the
country.
SECOND.--_The Constitutional Right and Duty Resting upon the People to
Repeal all Class Legislation._--While we do not claim to possess more
knowledge than other men, and while our views as to the means to be
employed for remedying the evils under which we now suffer may be
erroneous, we shall venture to present them with the hope of aiding the
efforts now being made to arrest the rapid concentration of the whole
political, commercial, and financial interests of the country, in
corporations and other monopolies. We must not lose sight of the fact
that under our constitution the people are sovereign; that the will of
the majority expressed as provided by the fundamental law is supreme;
that all the rights, privileges, and powers possessed by man in his
normal state, are retained by the people, save such as they have
transferred to the different departments of the government, state and
national; that these rights, not so transferred, can be asserted and
enforced as occasion requires; that when those entrusted with the
administration of the government transcend or abuse the powers delegated
to them, and by so doing deprive the people of the rights they possess
under the constitution, the people are fully justified in resorting to
whatever means may be necessary for the restoration and protection of
those rights. In pursuing these necessary measures of relief, no injury
is done to a minority, or to any individual, for the foundation on which
our republic rests is equal and exact justice to all men, and the
equality of all men before the law. All acts of legislatures, and all
decisions of courts, which deny to the citizen, or to any class of
citizens, or to a particular trade, occupation, business, or profession,
the same privileges and protection granted to others, or which grant to
any class of citizens or to corporations privileges which infringe upon
the rights of others, are abuses of power and assumptions of authority
not delegated by the people to the government, or to any department of
it. It follows that any attempts of congress or legislatures to confer
upon any corporations grants of power which enable them to override the
rights reserved by the people, transcend the authority with which such
legislatures are clothed, and are not binding upon the public. As
agents, they have exceeded their power, and their acts do not bind their
principals. If an agent acts under special authority, his acts, within
the scope of his authority, are binding upon his principal; but if he
violates his instructions, and attempts to make a contract not warranted
by his letter of attorney, his acts have no binding force upon his
principal. The same is true of those men who are elected and appointed
to fill the different offices in the government. The constitution is
their letter of attorney. They are bound by it. When they act outside of
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