Monopolies -- United States; Railroads and state -- United States
legislators, for the reason that all are to be affected by the laws
enacted, but we seem not to realize to its full importance the fact that
all laws passed by congress or a state legislature are liable to be
declared null and void by the courts; that the interpretation and
construction of statutes belong exclusively to the courts; that the men
elected to judicial positions, under the constitution, are clothed with
a power superior to that of the legislative and executive departments of
the government; that by a single decision the supreme court of the
state, or of the nation, can suspend or annul a statute which has been
in force for years, or that an interpretation of the constitution, long
acquiesced in, can be reversed and a new meaning given to it. Yet these
are facts, and from these decisions there is no appeal. The courts may
change their opinions upon constitutional questions at every term, and
the nation must receive their decisions as the supreme law.
We have said that the constitution is inelastic. It must remain so for
the protection of the rights of the people. If courts can change its
meaning as occasion requires, the will of the court and not the
constitution, is the supreme law of the land. The decisions of courts,
in the recent conflicts between railroad corporations and the people,
and upon the legal tender question, demonstrate that the will of the
court is already the supreme law of the land. One of the questions in
the determination of which the courts have substituted their will for
constitutional law, relates to the authority of state governments to aid
in the construction of railroads. The constitution of Iowa prohibits the
state from participating in or becoming a stockholder in any private
corporation or any corporation created for profit. Counties are,
necessarily, a part of the government; their creation and organization
are a necessity in the administration of the state government. While the
state is prohibited from aiding in the construction of railroads, the
courts have said that the constitution does not prohibit counties from
subscribing stock to railroad corporations and creating onerous debts in
payment therefor. In other words, while the constitution forbids any
participation on the part of the state, as a state, in the construction
of railroads, it is no violation of the fundamental law for the inferior
branches of the state government to become stockholders in the same
corporations. Though the whole state is forbidden to aid in the
construction of railroads, by dividing the state into counties, it is no
violation of the fundamental law for these counties to aid in their
construction. No one doubts that it was the intention of the framers of
the constitution to protect the people against the evils of oppressive
burdens always resulting from a participation of the public authorities
in the construction of railroads. The question of the authority of
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