Monopolies -- United States; Railroads and state -- United States
masters, clothed with imperial powers.
It is not only in the adoption of old precedents that the rights of the
people have been denied in courts, but by wresting the meaning of the
earlier decisions made by the distinguished men who graced the bench of
the supreme court in its earlier and purer days. The "Dartmouth College"
case was the first in which the rights of states or the people to
interfere with charter privileges was determined. We have given the
history of this case in preceding pages. It in no sense justifies or
supports the recent decisions of the court, as to the rights and
privileges of corporations organized for pecuniary profit. Yet, taking
the decision in that case as a precedent, the supreme court has
gradually encroached upon the rights of the people, until, under its
latest decisions, railroad corporations are public corporations, their
roads are public highways, and the property of all the tax-payers can be
taxed, and the taxes thus collected can be used by these private
corporations to pay for building and repairing their roads. This is the
latest new departure, and with the "Legal Tender" decision, makes the
interest of the whole people, as well as the value of their property,
depend upon the action of corporations.
No good reason can be shown why the decisions of courts should not be
subjected to criticism, the same as the acts of legislative bodies. The
courts are a co-ordinate branch of the government, but with a power
greater than that of the legislative and executive branches combined.
The decisions of courts render nugatory the acts of the other
departments of the government. To admit that the decisions of the
judiciary cannot be questioned, is to concede to it all the prerogatives
possessed by absolute tyrants. Not only have the people the right to
question the decisions of the courts, and if need be to examine the
motives which prompted them, but also to know the views of the men who
aspire to judicial positions, upon all questions of a general and public
nature. No candidate for judicial position should be expected to form an
opinion upon, or decide a question affecting the rights of parties until
it had been finally submitted. But, upon the great questions that
frequently arise affecting the public welfare, his views should be
publicly known. Let the people understand the views of the men seeking
for a seat on the bench, before his election, and judicial legislation
and partisan decisions will soon disappear. The judges of the supreme
court of the United States hold their offices for life, by appointment;
that court is further removed from the people than state courts. Reforms
are not easily effected. Judges recently appointed received their
appointment because of their understood views upon certain public
questions. The course of decisions of this court demonstrates that the
rights of the people are considered of less importance than the demands
of corporations, in cases of conflict.
Public-domain text, read in full here on John Shaqi.
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