Monopolies -- United States; Railroads and state -- United States
certain questions, and when with the changes of the _personnel_ of the
court, its final decisions have been reversed, thus making the supreme
law of the land depend upon the election or appointment of one man to
the bench. The argument to be drawn from this is, that no such sanctity
surrounds the court or judges as forbids a scrutiny of their decisions
or the motives prompting them. But it is said, if you discuss the
motives underlying judicial decisions, you will debase the judiciary of
the country; that candidates for the bench, like those for legislative
or executive offices, will be selected because of their views respecting
certain interests and questions that may come before them for judicial
determination, and, like legislators they will be appointed or elected
because these views harmonize with those of certain classes or
interests. The answer to this is, that as a general rule, judges are now
appointed or elected because of their political views. In almost every
instance the man who is elected or appointed accords in his political
views with the majority, and indeed, men have been nominated and
elected, or appointed, as judges of courts because of their publicly
expressed opinions on some particular subject. The decisions of courts
upon constitutional and other questions change frequently. The most
important interests and rights of the people under the constitution and
laws of the country have been differently decided by the same court of
last resort in both national and state tribunals. The constitution has
been declared to mean one thing at one time, and a directly opposite
meaning has been given to the same clause at another term of the same
court, with but a few months intervening. An elasticity has been given
this instrument neither contemplated by its framers, nor calculated to
increase respect for it, or for the judiciary of the country. While we
would not advocate the policy of candidates for judicial offices
pledging themselves upon any question that may come before them for a
decision, we claim that the people should exact from every candidate a
pledge to "support, protect, and defend the constitution," to abstain
from the dangerous practice which now obtains of construing the
fundamental law of the land in favor of particular interests, and to
abstain from judicial legislation. More danger to the liberties of the
people is to be apprehended from the courts, than from any other source.
The constitution is inelastic, unchangeable, save by amendment in the
manner provided. No court should disregard it, nor warp its meaning. If
the rules of construction practiced of late are to be continued, its
sanctity is destroyed, and its provisions are no more binding than those
of a statute. It is the duty of courts to interpret the constitution,
but not to supply its (to them) seeming defects, or to override its
plain provisions. We all feel a deep interest in the election of
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