The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1876-12-16
THE FOX RIVER VALLEY R. R. BOND CASE

A friend sends US a copy OF the opinion OF
the Supreme Court of the United States IN
the case recently decided involving the legal,
ty of the bonds issued by the town of Ottawa
and other towns to the Ottawa, Oswego u
Fox River Valley r. X. Co. The opinion on
behalf of the majority of the Court Give
iudges) was delivered by Judge Waite; and
Judge Bradley, on behalf of the other forI
Judges, delivered dissenting opinion.
The whole case, as made in behalf the
towns, was plea that the law under which
the bonds were issued never passed the legis
ature of Illinois in due form, was therefore
no law, and the bonds issued pursuant to It's
provisions were illegal and void; and the CASE
made in behalf Of the holders of the bond:
was d demurrer to this plea, which the Cour
sustained that IS, the Court refused to admit
proof of the fact OF the non.passagc of the
supposed law by the Illinois Legislature, on
the ground that whether the law had been
regularly passed or not, did not affect the va
| lidity of the bonds.
The whole question, according to Judge
Waitc's opinion, which is absurdly lengthy
and verbose, turns on the point whether this
I is question of construction or of fact. II OF
construction, he admits the Supreme Court
of the United States must follow the decisions
of the Illinois court; but if of fact, the l. D.
court can judge for itself. In other words,
the Supreme Court Of the United States re-
fuses to admit evidence to prove the fact
whether the law in question was passed by
the legislature or not, and then decides that
1t is as capable of Judging Of that fact as the
state court before whom sach evidence was
admltted!
In the opinion OF the four dissenting judges
this fimsy subterluge is disposed of eiiec,
lively IN one trenchant sentence: $40 say
that the state and federal courts differ Tin this
case only on point OF evidence is belit,ling
the nature of the controversy, which is really
a difference Of construction of the COnsttu.
tion of Illinois, whereby law is held valid
by one fine state court and invalid by the
other" L. . Court.
court, constituting our own constitution,
holds that Il certain law under it is null and
void; and the L. S. Court. acknowledging
that It is bound to follow the state court in "a
matter Of construction, holds that nevertheless
it is u tact (alier refusing to admit proof as to
the lact) that "prima facle the law was pass
ed" The Illinois court, as matter Of con.
struction of the state constitution, says that
prjma facie the law was not passed; the fed
eral court says, as u matter Of fret, prima
facie 1t aoaS passed.
\ decision thus made cannot carry with it
the gravity of law. At best 1t is the decision
of jury that stood to5. lfa bare majority
Of the Supreme Court of the L. S. can thus
change the established decisions Of the court
and nulliy the laws OF state, then the pco-
pie of the states are no longer subject 10 their
own laws but are at the mercy of the whims
of n dlctator:al power at Washington. As
Judge Bradley pointedly observes, "ln cases
where the Supreme Court of the L. 5. holds
state laws invalid for some repugnancy TO
the federal court is paramount and binding
but IN the case before us, our decision has no
effect on the state courts, and the spectacle is
presented of two different tribunals, having
coordinate jurisdiction IN the same state, diff
fering as TO the validity and existence Of n
law of that state without any power To arb-
trate between them; meaning, by saying that
their jurisdiction is coordinate that it has
no power to enforce its decisions upon the
other
The decision is another tremendous stride
in the direction Of that Capitalization and i'm.
perialism towards which this government
has been tending with such fearful velocity
since the close of the war, and which, if not
checked, will, before the people realize the
fact, have swallowed up in its vortex all To-
cal, municipal aud state authority and CON
centrated them in one grand autocratic head at
Washington.
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W. ara tn unn SupI, no ,,arS 40 th,.