Monopolies -- United States; Railroads and state -- United States
We look upon the judges of courts as men possessing superior legal
sagacity, and upon their decisions as embodying the highest wisdom. The
congress of the nation, or the legislatures of states, composed in part,
at least, of men of extensive legal knowledge, who have made the science
of government a life long study; who have carefully and critically
examined the provisions of the constitution; who have full knowledge of
the mischief to be remedied, or the rights to be enforced, carefully
digest, prepare, and after full discussion in their respective bodies,
enact a law which they believe will accomplish the intended purpose, and
at the same time contravene no provision of the constitution. An attempt
is made to enforce the law, and a question arises as to its
constitutionality, or its meaning and effects. The court is appealed to.
On this bench are sitting three, five, seven, or more judges. After
argument, this court, by a majority of one, decides the law
unconstitutional, giving to it an interpretation which defeats the
object for which it was enacted. The minority of the court dissent from
the opinion of the majority, and set forth at length the reasons for
such dissent. The fact that five judges concur in the majority opinion
and four dissent makes the decision of one man the supreme law of the
land. It annuls acts of congress and state legislatures, and makes the
opinions and decisions of four members of the court concurring with a
majority of congress of no avail. One man's opinion is the law for the
whole people. This we have shown in the action of the supreme court in
the legal tender cases. Now it is not considered out of place to
criticise the acts of congress or of legislatures, or the motives and
influences that govern and control those bodies in the enactment of
laws; yet it is looked upon as almost treasonable to refuse to accept
the decisions of courts as good law, or to discuss the motives and
influences leading to these decisions. In 1869 the supreme court of the
United States, by a majority of one judge, decided that treasury notes
were not legal tender for pre-existing debts. In 1871 the same court,
by a majority of one, decided that they were a legal tender for all
debts, public or private, save when there were special exceptions. So in
other questions in the United States courts, and in the courts of the
states, it has sometimes happened that the law of the land has been
changed by the change of one or two judges. In Iowa this is demonstrated
in the decisions of the supreme court upon the questions whether the
legislature could authorize the levy and collection of a special tax to
aid in the construction of railroads. We refer to these matters to show
that judges are not infallible, and that sitting as courts, they are apt
to differ as to the law and facts of the case. Instances are not wanting
when judges have been appointed and elected because of their views upon
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