Monopolies -- United States; Railroads and state -- United States
Is this so? Will not that fact take from the states
all jurisdiction over them? The decision making railroad corporations
public, also makes their roads public highways extending throughout the
country. It is claimed that the general government, having power to
regulate commerce between the states, can take control of all the
railroads in the United States. No power is conferred upon state
legislatures, in many of the states, to grant charters to railroad
companies, conferring upon them any sovereign powers. And by the
constitutions of some of the states they are deprived of the power of
aiding in any works of internal improvement. As a consequence, there
could not be uniform legislation among the states in relation to
railroads. Being public highways, and the corporations being also
public, the power of regulating and controlling them, and preventing
discrimination among the states, would belong to the general government,
and these powerful corporations, chartered by the state in which they
are located, could defy state authority. With a congress composed of
their friends, and a supreme court already committed to their interests,
the people would be powerless. But on the other hand, if (as we insist
is the fact) railroad companies are private corporations, then they are
within the jurisdiction, and subject to the control of, the authorities
of the states in which they are located. This we insist is the true
status of railroad corporations, and the courts, by their decisions,
cannot change this character. The decisions of the courts of the
different states and of the nation have not been of a character to
command the respect of the people, and unless we accept the last edict
of the supreme court of the nation, as the supreme law of the land, and
admit that it supersedes the constitutions and statutes of the states,
as well as the decisions of the state courts, it is difficult to
determine the character of railroad corporations and their relation to
the people. Accepting that decision as final, the constitution of the
United States is of but small value, and state governments are of but
little benefit to the people. Upon the various questions that have
arisen in connection with the construction of railroads, and the rights
of the people, and railroad corporations respectively, there has been
such confusion in the decisions of the courts, as well as contradiction,
reversals, and overrulings, that there now exists a necessity for the
regular issue of a judicial bulletin, like the market reports, that the
people may know what is the latest interpretation of the constitution.
By the supreme court of the state of Iowa, it was decided to be
constitutional for counties and cities to subscribe stock to railroad
companies, and that there was a statute authorizing such subscriptions.
By the same court it was decided, overruling the above named decision,
that the constitution did not confer the power to subscribe stock to
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