The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-01-24

taken the torn of contract The most deliberate and solemn
acts of the people would redress the injustice and the
ovcrreachng pecuato upon the facility corruption OF their
Legislature would be protected by the power Of this court in the
profit his bargains Where would the people find remedy
Let the before form illustration Congress- cannot limit
the abolish the privileges OF these corporations they
corporations State and beyond her limits they have legal
exsencehey live in the contemplation of her laws and dwell in
the place of their creation. Is Pet SIP; Is How 3l4
Nor Congress enlarge the subjects Tor State taxation
interfere the support the State government They could
empower the State to collect taxes from these corporations were
the Of the State oppressed with the burden OF Turkish
rakuf Congress could afford relief The faculties of the
judicial department fa to the State than the i'm
poence of Congress The cannot look to the corruption
the blindness mchievous effect of State legislation to deter
mine its binding operation. Fletcher Peck br 81 The
therefore becomes the patron of such legislation by furnish
ing motives OF ncaeusbe the corporations stimulate
and adordng stability and security the successful effort
Where them the remedy the peopeg They have in
their State government in themselves and the Federal Gov
eminent is enlisted by their adversary.
The first observation be made upon this is that these exaor
binary professions of corporations not unfamiliar to an in
ourer into their nature and history The steady aim the
thoroughly organized and powerful of the corporate establish
of Europe has ever been place themselves under the
lection external authority superior the government and
people where they dwean authority sufficiently powerful to
shield them from responsibility and to secure their privileges from
question Such doctrine will establish the soil of every State
caste made of combinations of men for the most part ande
the favorable conditions society who will habuay look
beyond the institutions and authorities of the State the central
government for the strength and support maintain
them the enjoyment OF their special privileges and exemptions
The consequence will be element of alienation and dscol
the different classes of society," and the introduction of
fresh cause of disturbance in our distracted political and social
system. In the end the doctrine et this decision may lead to
hole
The claim made for the court to be the final aber of these ques
ons of political power imagine pretensous likely
be faa to the constitution of the itself Ii this
have Office ansendant decide finally the power of
people persons and things within the State much closer
connection and much direct responsibility Of its members
the people, necessary condition for The safety Of popular ygh
J. Justice Woodbury. in luther Borden, How, 81, has
posed this danger with great discrimination and He said
another evil alarming and little foreen involved regarding
these questions for the final abdmea of Judges would be-
that in such event all political pg and rights would in
dispute among the people, depend decision finally We
would
them; and under peudiced arbitrary judiciary the public
entirely Frustrated And if the people distribution of
power under the Constitution should think of making judges
supreme arbtes in political controversies when not selected By
amenabe them liberty follow the various
deratons that belong to political questions in their judgment
they will dethrone themselves and lose of their invaluable
birth rights building up in this way slowly but surely new
sovereign this republic in most respects Irresponsible
Interchangeable for life and one in theory least dangerous
than the elective monarchy in the of times"
Thenquy have the people othe State deposited with this
tribunal the authority to override their judgments upon the
of their power institutions created by their
government and eommorant within the Sate The Fundamental
principles of American Constitutions that to the
people of the several States belongs the resolution of all qne
TONS whether Of regulation compact punitive justice arising
of the action of their municipal their citizens
depending their constitutions and laws and judges Of tho
validity all acts done by their municipal authorities IN the x
ere of their sovereign rights in either without response
biy control from any department of the Federal Government
This understand to be the import of the municipal sovereignty OF
s. the people within the State.
material distinction always acknowledged exist
to the degree the authority that people could legmaey
persons and corporations individuals not the
lures of the State but constitute the State They into
rights which be invaded without injustice But
corporations derive their existence from society," the offspring
of conditions of the State and with faculties for good
in such conditions combine durable dispositions They
If display love of power preference of corporate interests to
moral political principles public duties and antagonn to
individual freedom which has marked them objects of jealousy
epoch of their history Therefore the has been
exercised in all civilized States limit their privileges sup
press their existence the exgences either of public
policy political necessity Sir James Mcintosh says "Those
public which form endow corporations only ordinary
expediOns of legislation The property of individuals is estab
ished general principle which coeva with civil society
ITSELF But corporate bodies instruments fabricated by the
Legislature for specific purpose which ought to be preserved
while they beneficial amended Whe they impaired and
If reced when they become useless Injurious Wind. Gall Al
,r note.
If Who the United States IL determine when the public in
demand the suppression Of bodies whose existence
modes of action contrary the well being of the State
II the powers of people of State inadequate to this
object then their and solemn declarations of their rights
and their authority their and the ends FOL
IS which their formed and the responsibility
lie rulers and magistrates to themselves nothing but grea
swelling words of vanity To acknowledge that such
sides alone in the Federal judiciary would be to establish tn
alarming doctrine that the States of the Union their
not be found in their people, but the numerical mnor
Or of the Judges of this Court
Nor does the opinion that this department such
pe the people Of Ohio derive support opinion from
clause in the constitution the subject of the obligations
contracts the decisions of this that clause of tn
constitutions That the people Of the State should have release
power the artificial bodies which originate under t
legislation OF the representation the mproydent charge
concessions imposed by them upon its h
ne of their unctonares be assumed Such
render not essential to policy of the union require
by confederate obligation Such abandonment could hay
served other interest than that of the corporations ndvdI