Monopolies -- United States; Railroads and state -- United States
greatest danger to the liberties of the people and the perpetuity of
republican government is to be apprehended from the supreme court of the
United States. It possesses, under the constitution, unlimited
jurisdiction upon all matters arising under the constitution and laws of
the United States, but not the same general jurisdiction that appertains
to state tribunals. Yet, as under the constitution it is a court of last
resort, and its members hold their offices for life, it is independent
of the people. Not only so, but it cannot be called to an account by any
department of the government, state or national. It possesses powers
superior to all other departments of the government; it rises above all
law, and becomes a law in itself. Its decisions being final, the whole
people must accept them as the supreme law of the land. No matter how
oppressive, or unjust, or absurd, the whole government and people must
accept these decisions as the highest law and authority in the land.
These facts, taken into consideration with some of its recent decisions
in favor of railroad corporations and other monopolies, raise the
question whether we are now governed by constitutional law or by the
edicts of the supreme court, promulgated in the guise of judicial
decisions.
Let us look at a few of these decisions, now in full force as the law of
the land. In the construction of railroads, counties, cities, and towns
have assisted by subscribing stock and levying taxes to pay such
subscription. State courts have decided that under the constitution and
laws of the states such subscription was unconstitutional, illegal, and
void. The power to afford such aid to railroad companies was derived
from state statutes, passed by virtue of the power presumed to be
conferred by the constitution. Following precedents which had been
established and recognized from the organization of our government, the
decisions of the state courts should have been final, and binding upon
the courts of the nation. Yet the supreme court of the United States, by
a bare majority of one, in violation of all precedent, assumed power not
conferred upon it by the constitution of the United States, annulled
state constitutions, disregarded state laws, and reversed and refused
to be bound by the decisions of state courts. The will of one man, who
happened to occupy a seat upon the supreme bench, is made the supreme
law of the land, not by virtue of any provision of the constitution, but
by trampling upon the rights of states and the people. When it is
remembered that their decisions were made in favor of corporations, and
that their effect was to compel the people to contribute a part of their
substance to help build up and strengthen monopolies, which have proved
to be oppressive task-masters, we are justified in saying that the
fundamental law of the land has been misinterpreted and the rights of
the people sacrificed. We assert that no provision of the constitution
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