Standard Oil Company; Trusts, Industrial -- United States
Referring to the private companies, "Are the people of the city already
supplied with natural gas for public and private use?" the circular
asked. "They are," it answered, and goes on: "Why does the city want
to go into the natural-gas business, then?" "To boom the lands of
real-estate speculators." This is a charge affecting the Legislature
and Executive and State courts of Ohio, the courts of the United
States, the people of Toledo, and all the members of their city
government. Burke confessed that he did not know how to draw up an
indictment against a whole people. That art has been acquired since his
day.
"Are these bonds of unquestionable validity?" this catechism of libel
upon a community queries.
"By no means. Prominent taxpayers have suits pending attacking the
constitutionality of the act under which they are issued."
"Have these cases," the last question ran, "ever been tried on their
merits?"
"They have not."
They had been tried so far that the United States and State courts had
refused on every ground urged to interfere with their issue and sale,
declaring the legislation authorizing them to be valid. They had never
been tried any further in the United States courts for a very good--or
bad--reason. The "prominent taxpayers," after their defeat before Judge
Jackson, took every possible means to prevent the case from reaching a
final adjudication. The invariable rule of the United States Supreme
Court has been to treat as final and conclusive the decisions of State
courts as to such domestic issues. During the hundred years of its
existence not a case can be found in which that court has overruled
the fixed and received construction given to a State law by the courts
of that State.[530] The only hope for the suit of the "prominent
taxpayers" was, therefore, that the Supreme Court of the United States
would for their special profit reverse the practice to which it had
consistently adhered since the establishment of the government. What
they really thought of their prospect of success in that effort they
confessed when their case, no longer delayable, was upon the point of
being reached.
Public-domain text, read in full here on John Shaqi.
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