, 1874-05-19


ways. From those really Interested III tho causo
Of enlightened reform it will receive little favor.
=
RAILRoAD-Am LEGISLATION.
The Supreme Court Of tho United Etatcs in
recent case, wherein the Township Of Plno
drove was plaintiff and e. B. Talcott aefoud-
ant, OH writ Of error from Michigan, decided
that, whoroyer tho Constitution Of State B
silent, Or doos not prohibit such legislation, tho
Legislature mny authorize local municipalities
to subscribe aid for the construction Of railways
Tho Court upon this point soy that the 1ogisla-
tive power Of State extends to everything
within tho sphere Of suoh power except a. 1t is
restricted by tho Federal aud State Constitr-
tons. Upon the question whether this aid WAS
for public purpose, the Court say:
But it has been argued TINT, aside from any eonsti-
tuonhf prohibition, the Legislature had no power to
authorize tito imposition Of tax for any other than
public purpose, and that this act not within that
ruo. Conceding for the purposes Of this opinion
the sounness Of tho lrnt rroposou, the second can
by no means be admitted. Though tho corporation
was private. tts work was public mitch il 1t
were to be constructed by the State. Private property
can be taken for public purpose only and not for
private gain or bonoGt. Upon other ground than
that the purpose is public can the e1orc!se Of the
power Of eminent donain In behalf Of such corpora
tions DO supported. This Wow Of tho subject has
becn taken by tho Supreme Court Of Michigan. swan
%. williams, Mlch, 427. But, upon other grounds,
we think the public character Of such works cannot
be doubted. Wlers they 90 they animate the
eourcca Of prosperity, aud minister to tho
growth Of the cities and towns within the
Bphare Of their influence. Unless prohibited from
m n h,at
to aid In their construction to procure wafer from
a water works, coal for e gas works, OF gravel for
It's streets from beyond its territorial limits. Meyer
rs. Muscatine, Wall, $50. Under tho limited pow
ers conferred by tho Federal Constitution Congress-
has frequently given MD In such cases. Tho Pacific
Railroads mud tho Loutsyle Canal furnish instances
Of such action by that body. The gift to hB sufferers
from the overflow Of the Miasssipp and prior acts Of
ths kind, must slso ba borne in mind. Cannot =
Stats Legislature do the same things7
It docs not belong 10 corts to uerpolate conatitu-
tona restrictions Our duty In 10 apply tue Law, not
to make 1t. All power nay 10 abused where no safe
guards oro provided. The remedy In such casea lies
with tho people and not with the Judiciary Wa paus
by without remark the point whothcr in cascs lite
This tho public prvato character Of the work Ia not
i legislative rather than judicial question.
The Supreme Court Of Michigan has In
number Of ca6os decided that tho Constitution
Of the State did prohibit this kind Of loglslation
Heretofore It has been considered that the aot-
tod construction Of O. State Constitution by tho
Supreme Court Of State would be accoptod by
the Federal Courts, and followed in all mattors
arising under tho laws aud Constitution Of that
State. In tho Iowa railroad-aid cases. dating back
as far as 1856, the Supreme Court OF Iowa held
that the railroadaid legislation Of tho State WAS
constitutional; this docision waa repeated by
tue Court until some time in 1860, when the
Court reversed Its opinions On tue subject. The
Supreme Court Of the United states, in score
OF cases taken up from Iown, held that, the
bonds having boon Issued under tho interpreta-
ton by tho Btate supromo Court, the legislation
was yalid, tho Supreme Court Of the United
States would follow tho State Interpretation in
Ill caaes whom tho honda were issuod before tho
Stnte Court bud ohnngodit own opinion. LII the
case from Michigan, tho Supreme Court sweep
away all this regard for tue authority Of State
Court in tho Interpretation Of the State Consti-
tion, and lay down another rule. They say:
1t ia insisted that the nva1lity OF tho status has
been determined by two Judgments Of tho Supreme
Court Of Michigan, ind TINT bound to follow
thoae adjudicaous, THO peop!e Balen, 20 Mich.,
ASA Duy City a. Tie Btate Treasurer, ~ ACh, 400.
We hnva examined those casca with care. With all
spect for tho eminent tribunal BY which tho judg-
nentH pronounced, wo must bs permitted to say
that they are not satisfactory to our minds. TO think
the dissenting opinion In the one first decided Is un-
answered. sInliIar lava have been passed in twenty
cue stateB III all OF them. but tw0 It IL believed
their validity has been Sustained by the highest local
corH It IL not aasy to resst tho force Of such our
rent Of reuson mud authority. Tile question before us
belongs to the losnatu Of general Jurisprudence In
this clasB Of cAses ts Court Ia not bound by tho udg
eut Of the courts Of the States where the arlse.
II must ear mud determine for itself. Hers CONNER
cial securities aro involved. Whon tho bonds
tsaued there had been authoritative tntimation
from any quarter that Ruea statutes Wsro invalid.
Tile Le1slature aruad ther validity in oyery net by
MI thnlicattou equivalent In efYoct to expresa dce
lafutoa, And during the period covered by their
ae.,uent neither Of thu oer departments OF tile Coy
er,,neut Of the State lifted ita voice agalnst them.
rhs acquiascenoo VIVA uatvsrsa ae!pke ". Dubuque,
WALL, 17b.
Tho general understanding Of the legal profession
tuouuhout tho couutry ts beloved to hayo bsyu that
tlloy were WILD 'rAe National Constitution forbids
the States to paBa ws impairing tho obligation Ut
tracts 1u c2sts properly brought bofore that end
cru be accomplished unwarrsntably no moro by Jul
l!etal decisions than by legislation. Wore ws to yield
in oascs like tis to ao authority Of tho decisions Of
tue couts Of tue rospsotiye 6txtss should nbdicats
ths pe.f oaues of one Of Tho nost important duties
With which ths tribunal IL charged, aud isapront tho
wss mud sa!,tary policy Of tho fraers tho Oonsti
tuition In providing for tho creation of ndspadent
Uolesa Judiciary The exercise Of our appellate nrs.
dictiou would b. but solemn uockssy. nutz ~ Mus
uatint, 9 Wan., a1o.