Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1882-02-28
THE SUPREME COURT AND
THE PEOPLE.
A Manly aud Digni6ed vindica'
ton of Both.

EDITOR LEDaER:-The Courier
journal, a paper that has q large cir
culation in Tennessee, is just now
making itself cOnspicuously meddle-
some, by its wholesale SANDER Of the
people and Supreme Court of this
State on the 1908 business. One of
its diatribes some DAYS ago was SO bit
ter and m~endacious, that shrewd
Judges of style and temper were dis
posed to think it an emanation from
the editorial tripod Of the Nashville
American. Its coarse abuse Of Judges
Mcfarland, Turney and Freeman is
inexcusable. In its issue of the 24th,
inst, referring to the dissenting opin-
ion OF Special Judge Ewing, it says:
1T forms a striking contrast to the
ruling of the Court, which, if not cor
rupt, was the occasion Of boundless
corruption, and hedged about in every
part BY the venality and nastiness Of
stock gambling" I'VE know nothing
personally" it continues, "discredit-
able to the majority of the Court ex-
cept its decision in this case, which, 1t
not a job, was the emanation OF
Ignorance and cowardice." Now this
~ill-natured fling could only be inspired
by blind ignorance and prejudice, OF
by something worse-a thwarted spec
ulation. The people of this State are
10th to believe-and some of us do not
believe-that the editorials of this dis
tingulshed journal are merchantable
commodities. We do not believe that,
in this case, the relation Of client and
attorney exists but we have a right
to complain that the editorial columns
ofthe paper are rather toe easy of ac-
ces to the outside stock. jobber, who
seeks to void his spleen upon a people
who have been per6diously betrayed
and defrauded in this bond matter to
an extent the outside world has never
known, and are determined to assert
their sovereignty and have themselves
righted, no matter how many Well-laid
schemes of speculation are disap-
pointed by it. The majority Of the
Court have simply reiterated a princi-
pie announced by Chief Justice Mar
shall nearly seventy years ago, that one
Legislature cannot abridge the powers
of a succeeding Legislature 10 any
matter of general legislation. A prin-
chile. said that great iurist, that never
can be controverted. This is the whole
question in a nutshell. We believe
there is no man in Tennessee who
knows personally the two dissenting
Judges who doubts the sincerity and
honesty Of their conclusions. A long
residence in East Tennessee has
taught your correspondent to believe
that ifthere be one in%corruptible old
Roman among all the public men Of
this State, he is the present distin.
guished Chief Justice james w.
Deaderick. He has undoubtedly fol-
lowed his convictions in this matter,
and we believe that Judge Ewing is
as free from guile as any man we
ever knew. The wonder is that
either Of them could have questioned
the soundness of the principle as an
nounced by Judge Marshall, and to
which all like controversies have been
referred from that day to this. But
Judges, like other men, are sometimes
mistaken. Lord Mansfield once re-
marked that the proudest plume in his
judi,ial cap was a frank confession he
made from the bench once that one Of
his former opinions was not sound
law. We know that judges can
and do honestly differ in
opinions every day, and why are
we to concede honesty alone to those
whose opinions accord with our own.
This bond question is now a politi-
cal affair, and the Democratic people
Of Tennessee have to settle it, and
they will settle it satisfactorily and
fairly if the coupon howlers will let
them alone. We note as a significant
fact that Mr.. Eugene Kelly, Of New
York, a large bondholder, now threat
ems to push vigorously the suit against
the railroads. Everybody understands
this. The railroad game cannot be
played again as it was in 1850. No
disinterested lawyer in Tennessee has
ever brought himself to believe hat
the railroads that have paid up and
received their acquittance from the
State under the act Of 1869 will evel
be held liable for the OUTSTANDING
bonds. Judge Whitney has settled
that question to a demonstration. But
the case is languishing upon The
dockets of the Supreme Court al
Washington upon the appeal Of the
bondholders, just to frighten the rail.
roads aud induce them as a measure O
s~elf-defense to run another Demo
cratic convention as they did in 1880
Mr.. Kelly's game will not win thiI
time. The snort of the locomotive
will never be heard again in a Demo
cratic camp. The Democratic part!
is to-day more nearly united upon thi
question than it has been for half
dozen years, and there is a silver linin
in tie cloud for both the creditor
and the people.
NONCONNAU