Monopolies -- United States; Railroads and state -- United States
can be shown that even indirectly authorizes taxation to aid in the
construction of railroads owned by private corporations. The idea is at
war with every principle of right and justice. When the supreme court of
the nation assumed to decide in favor of such authority, it occupied the
position and assumed the prerogative of an absolute monarch. The supreme
court of the United States was as much bound by the decision of the
state courts upon questions arising under state constitutions and laws
as were the courts of the states by the decisions of the federal courts
upon questions arising under the constitution and statutes of the United
States. The adoption of a different rule will subvert the principles of
our government, and, as a necessary result, the will of the supreme
court will become the supreme law of the land.
We might give other instances wherein the federal courts have overridden
state tribunals without warrant of law and in disregard of state rights;
but we pass to another question which is now engrossing public
attention, and upon which the supreme court has recently made a
decision. The question whether railroad corporations are public or
private has been before the supreme court. The court has passed upon it,
and decided that railroads are public highways; but it has not yet
decided that railroad corporations are public. No question connected
with railroads is of more importance to the people. If they are public
highways, then the legislatures of the states have full control of them,
and the roads are as much a part of the public or common property of
all the people, to be used as occasion requires, as are common highways.
Then the right to levy and collect taxes to aid in their construction,
or to wholly construct them, cannot be questioned. The supreme court of
the United States, in a very recent case appealed from the state of
Wisconsin, has decided that, for the purposes of taxation, railroads are
public highways. The opinion was delivered by Justice Strong, and is
ingenious as well as unique. We desire to call the reader's attention to
some portions of it, for the purpose of showing how the rights of the
people are protected by the judiciary of the United States. The opinion
pronounced by Justice Strong fully illustrates the fact that association
and education will influence the decisions of judges as well as those of
other men; and while we impute no improper motives to the judiciary of
the nation, we say that this decision disposes of some of the rights of
the people, supposed to be fully protected by the fundamental law, with
as little hesitation as would be manifested by an inferior court in a
case involving only the plainest legal points. The court says:
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