Monopolies -- United States; Railroads and state -- United States
counties to subscribe stock to railroads, in Iowa, has often been before
the courts. The decisions have been numerous, but not unanimous or
uniform. At no time has the supreme court of the state by unanimous
decision held that the power existed; but on several occasions the court
has united in deciding that the power did not exist, the
constitutionality of such right depending entirely upon who were elected
judges. Thus the fundamental law, which can only be changed by
amendment in the manner provided, has been held to permit or forbid
public aid in building railroads, as suited the peculiar views of the
men who had been elected judges. What was constitutional one day was
unconstitutional the next. The decision of the men who happened to
occupy seats upon the supreme bench, has been the supreme law, and not
the constitution. On the question of voting local aid to railroads the
supreme court decided that the act of the legislature authorizing such
aid was unconstitutional. In one year from that time the same supreme
court, three judges concurring, decided that the law was constitutional,
the reason of this variance being that in the interim two judges had
retired from the bench and two new ones been elected in their place.
Here, again, the will of the men who happened to be elected changed the
meaning of the constitution. The same curious history has been enacted
in many other states. When men who are interested in railroads, or who
desire that the public should aid in their construction, occupy seats on
the bench of the supreme court, the constitution is construed to allow
such aid, and where the judges are opposed to the allowance of such aid,
they decide the constitution does not authorize, but forbids it. In each
case the fundamental law is interpreted to suit the peculiar views of
the judges who occupy the bench, until it has ceased to have any binding
effect. With this state of facts, known to all men, it is not strange
that the people now demand pledges from men who aspire to judicial
station. When state constitutions are made to mean anything or nothing,
as suits the men whose duty it is to interpret them, and when laws are
pronounced constitutional or unconstitutional, as caprice or the
interests of corporations may prompt, "nature's first law,
self-preservation," demands that those who aspire to become judges of
courts should be controlled by the constitution rather than by their
personal views as to what it should be; and that they should be fully
committed and pledged to abstain from judicial constructions of the
constitution which abridge the rights of the people and increase the
power of corporations. While the decisions of the state courts have
tended to abridge the rights of the people and increase the already too
great power of corporations; while they have, in fact, decided that,
under the constitution, a citizen can be compelled to bestow a part of
what he possesses upon railroad corporations without an equivalent, the
Public-domain text, read in full here on John Shaqi.
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