Monopolies -- United States; Railroads and state -- United States
validity of the statute, or to construe its terms, or declare its
meaning, a realizing sense of the obligation resting upon them, and of
the danger of violating the provisions of the constitution, would have
deterred them from making such a decision. When, in the winter of 1869,
the question was before the court, upon careful examination Chief
Justice Chase, who was the author of the statute under which the
question arose, and four other judges, decided that it only applied to
contracts made after its passage, and then only as a war measure. The
supreme court of the United States declared that the legal tender act
had no retro-active operation, and that, under the constitution, it
could not be extended beyond its terms. That to extend it further would
be a violation of the fundamental law. Here the matter should have
ended. The decision was and should have remained final. But it did not
meet the approval of corporation rings and Wall street gamblers. They
demanded a different decision, and their demand was gratified. To obtain
a reversal without a reconstruction of the court was not expected. It
was suddenly discovered that there was a necessity for an additional
judge. The reason given was that an even number of judges might divide
and no decision could be rendered. Hence the necessity for one more. It
was known to them that one judge was about to resign, and that one had
concurred in the decision which they desired reversed. Two judges were
to be appointed. If both were in favor of reversal, then five of the
nine would favor a reversal. (We have referred to this matter before,
and do it now for a purpose that will soon appear.) Two railroad
attorneys, Strong and Bradley, were recommended and appointed before the
close of the term of the court at which the legal tender decision had
been rendered. Notice was at once given that the legal tender case would
again be presented to the court for a decision. It was announced, both
before and after the appointment of Messrs. Strong and Bradley, that
they were committed to a reversal of the legal tender decision. Soon
after these _fresh caught railroad attorneys_ had taken their seats upon
the supreme bench, we find them redeeming the pledges the friends of a
reversal claimed had been made, and writing long arguments in favor of a
reversal of the opinion of Chief Justice Chase and the four other
eminent judges, in which argument they seem to disregard constitutional
restrictions, and to apologize for the opinions they pronounced,
declaring that treasury notes are a legal tender for all debts, save
those that are excepted in favor of the government. Thus by the
appointment of two judges, understood to be pledged to the railroad
interests, the supreme law of the United States makes paper "promises to
pay" a legal tender when contracts call for money; fixes this kind of
paper as the standard of values, and makes gold and silver coin articles
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