The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-02-06

State. The case, after delays, amounting IRE
quently In all to many years, at last comes be-
fore the highest judicial tribunal OF the State,
and the statute is decided unconstitutional,
some shadowy distinction in words serving as
the peg whereon to hang the opinion. Ere
quently the case is so questionable that the
decision is made by bare majority-anu
straightway what was legal has become Illegal
and what was right has become wrong, and IN
dyiduals are set back where they began, and
left to right themselves as best they may, TO
their great loss always, and to the gain OF no.
body except those who live by litigation. Some
times only portion OF the points are decided
in the first case, and II they happen to be IN
favor OF the validity Of the law, public conn-
dence is treasured, only to lead to still greater
disaster when the final adverse decision comes.
II public expectation has been raised IN the
hope of favorable decision, the judges are
apt to feel bound to decide the other way Just
to show their independence.
After all this, there remains, in many cases,
possible appeal to the United States Courts,
which are liable to still further complicate mat
tiers BY reversing the action Of the State
Courts.
Immense private interests in this and other
States, hang upon these decisions. 1t is idle
to say that individuals are bound to know the
law and obey 1t. II is = mockery to say to
them that their rights are to depend upon ma
king correct guess, as to which way the bal
ance of opinion will incline in our highest
3 kHrlx ~ tIo ~
self, with all its Tearing, is unable to come to
an agreement, but must decide by a bare ma
! jonty.
The railroad aid cases afford Il conspicuous
! instance of this kind. The law authorizing
townships to make donations to railroads was
passed in obedience to . very general public
/ demand. Under it municipalities contracted
debts for the purpose of providing themselves
with railroad facilities. They sold their bonds,
roads were built, taxes were levied, and pay
ments made. After several years case finally
reached the Supreme Court and the statute
was declared void. At once vast amount OF
private property, acquired in good faith, became
valueless. The townships could not pay then
debts If they would. Meanwhile change III
public opinion took place, and went 80 far that
| the people Of this State voted to compel the
townships interested to repudlate their debts
Now, at last, after the lapse Of years more
comes q decision in the United States Supreme
Court that the Londs are valid, and must bt
paid, with all the accumulations of interest
There is also liability of heavy law costs il
United States Courts, from which the town
ships will be saved, If at all, through the for
bearance Of their creditors.
1t is idle to say that no remedy for this evi
can be found. ON the contrary, the remedy is
easy inexpensive and safe. Let every statute
be submitted to a competent tribunal, charged
with the simple and sole duty of examining in
to Its constitutionality. Let that be done a
once upon the passage of the law, and let th'
decision be final upon that question-and lie
that decision be required within REASONABLE
time-say three months.
This has never been done within Our knowl
edge, but-that is no reason against it. Had
been done in the railroad question, and ha'
the decision been as it finally was, the credit o
the State would have been saved, and privat
persons would have avoided vast expense an
trouble.