Monopolies -- United States; Railroads and state -- United States
railroad companies, and that there was no law of the state authorizing
such subscription. The whole matter arose under the constitution and
laws of the state. The supreme court of the United States overruled this
last decision of the state courts, and decided that such subscription
was constitutional and was authorized by the laws of the state. The
courts of the states of Pennsylvania, Illinois, Indiana, Wisconsin,
Missouri, and others, made like decisions, and the supreme court of the
United States overruled them. The legislatures of some of the
states--Iowa, Wisconsin, and Michigan included, passed statutes
authorizing local aid in shape of a tax to be voted to railroad
companies. The supreme courts of these states decided that the statutes
were unconstitutional, and within fifteen months thereafter the supreme
court of Iowa decided that the Iowa act was constitutional. Like
decisions were made in some of the other states. In Wisconsin the state
courts decided the act was unconstitutional, and the supreme court of
the United States overruled that decision and decided that the act was
constitutional. Some of the state courts hold that railroad corporations
are private, whilst others decide that they are public. The supreme
court of the United States, by its decisions, clothes them with one of
the attributes of sovereignty, and declares that under the law they are
public corporations, and that their roads are public highways. The same
court, upon the legal tender issues, decided that treasury notes were
not legal tender for debts contracted before the enactment of the
statute providing for their issue. In a few months after that decision
was made, and after the friends of railroad corporations had so
reconstructed the court as to have a majority of the court in favor of a
re-hearing of the question, the same _high court_ decided that treasury
notes were not only legal tender for all debts (save those excepted by
the statutes), but that they were the standard of values. In all of the
above decisions made by the supreme court of the nation, either
reversing the decisions of the state courts, or reversing and overruling
its own decisions, such reversals and overrulings were in favor of the
corporations and against the people. When courts, whose duty it is to
declare the law and interpret the constitution, differ so widely and
change so often, it is not strange that the people should begin to look
with suspicion upon, and doubt the binding force of, these decisions;
and when it is received as a truth, that in the appointment of judges
care was taken to select men who were pledged to decide important issues
then pending, in accordance with the interests and expressed wishes of
railroad companies, it will not appear strange that the people, before
voting for a judge, should demand of him a pledge in favor of measures
advocated by them, or that he at least should pledge himself to abstain
from judicial legislation and from twisting the meaning of the
Public-domain text, read in full here on John Shaqi.
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