Monopolies -- United States; Railroads and state -- United States
legislative action, provided the people are true to their own interests.
They elect their agents to act for them. If they do not elect men who
are with them in principle, sympathy, and feeling, they ought not to
complain.
But, says the reader, admitting that legislative reform can be
accomplished, how can the decisions of the courts be changed? This
question presents more difficulty. It has been the custom from time
immemorial for courts to be governed and controlled by precedents. This
is adopted in order that the law may be settled and certain. When
questions arise under statutes, the meaning of which is ambiguous,
resort is had to former decisions under like statutes, for a rule of
construction, and thus the law is _settled_. We accept the decision as
the law of the land, and to criticise it is seemed discourteous to the
court making it. To call in question the motives of the courts, or to
doubt their wisdom, is deemed rank "treason." The rule governing them
may be of ancient date; the reason for its adoption may have long since
ceased; the rule itself may be obsolete. Yet, to find a precedent for a
decision that outrages justice and is at war with the best interests of
the people, but in favor of the corporate interests of the country, this
old rule is dragged from its long repose and made the basis of new
decisions. Most of these old precedents originated in monarchical
countries, where all doubtful questions were construed in favor of the
crown, and where the rights of the people always yielded to kingly
prerogative. While precedents should have their true weight in
determining between private parties, when none of the great questions
arise affecting the national welfare, and while interpretations of the
constitution, acquiesced in for many years, should remain as the settled
law of the land, and be observed by the courts, the practice of solving
constitutional problems by resort to old monarchical precedents, and the
adoption of the reasoning of the high courts of the king's _exchequer_,
should not be tolerated in a republic. Our form of government is new.
Our courts should be the courts of the people, and not a _star chamber_
for the protection and perpetuation of the monarchical dogma, that "it
is absolutely essential to independent national existence that
government should have a firm hold of the two great sovereign
instrumentalities of the _sword_ and the _purse_," as was declared by
the supreme court of the United States, in December, 1871. Such
declarations are at war with our ideas of republican government. It has
no support save in despotic governments and decisions emanating from
them; yet it is the doctrine that must obtain, if the recent decisions
of the supreme court are to remain as the settled law of the nation. To
accept this doctrine as a final exposition of the relative rights of the
people and the government, is to acknowledge that the agents and
servants of the people, elected and appointed to office, become their
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