Monopolies -- United States; Railroads and state -- United States
Another noticeable fact is that the recently appointed judges are the
most prominent in this new departure. We make the assertion that the
supreme court of the United States does not possess the power under the
constitution to overrule or disregard the decision of a state court upon
questions arising under state laws and constitutions. No paragraph,
line, or syllable, of the constitution of the United States confers this
power upon the supreme court, save when the state law or constitution
contravenes some provision of the constitution of the United States, or
some statute passed in aid of constitutional provisions. If the reader
will examine the decisions from which we have been quoting, he will find
that the rights of the states and of the people, expressly guaranteed by
the constitution, have been, by a bold and unwarranted assumption by the
United States supreme court, obliterated. The decision of the supreme
court of a state, whose decision was final and binding upon the supreme
court of the United States, has been overruled and declared null and
void, not by virtue of any constitutional right vested in the United
States court, but by an assumption of power making the will of that
court the supreme law, and placing corporations beyond the control of
the states granting them their charters. The fact that the reason upon
which the decision is based appears in the nature of an apology for the
decision, while constitutional rights are lost sight of, proves the
truth of our assertion, that judges of courts are subject to influences
that control other men, and that the interest of monopolies and not the
constitutional rights of the people has a controlling influence in the
highest court in the nation. It also demonstrates the fact that no
thorough reform can be effected until the constitution of our common
country shall control the decisions of the courts.
Public-domain text, read in full here on John Shaqi.
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