Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-12
sATURDAY...DECEMBER IL. 1855
A Strong government.

mt saw. the weaker to the stronger.
Daily We see how the powerful United
States Government draws to itself adj
di,ional powers. At least once year
the Supreme Court Of the United States
reminds us that the State courts have
been dwarfed by the usurpations OF the
Federal. and that the States once called
sovereign ~ are now in comparison
with what they were fifty years ago
mere provinces--simply counties, as
PATRICK HENRY predicted. The
field is so large that our vision is not
able TO extend over all Of it, and so
we too often content ourselves with
noting what new powers some depart
ment of the Federal Government
has usurped which affect the interests
of our own State only. We take
q deep interest in all the coupon cases
from this State which the United States
Supreme Court decides, and read with
surprise and apprehension opinions
which set aside the eleventh amendment
as of no force against the encroachments
of that tribunal; but We overlook
equally important decisions in cases
coming from other States and laying
down propositions equally as dangerous
to the public liberties as those to which
we pay so much more attention because
they concern Virginia in a special man.
ner.
The prohibitory law which was re-
Gently ratified in Atlanta, Ga, is now
in Federal court. 1t will not be al
lowed to 90 into successful operation
until after it has been adjudged consti-
tutional by the Supreme Court of the
United States, and therefore never I'M
less that court shall adjudge it to be
constitutional. A significant condition
of things truly is this but not strange.
That court has recently render ed seve-
raj decisions which may be so inter-
preted as to cast some light upon tho
line of thought that will probably be
followed by that high tribunal when
the "yested interests Of the liquor
manufacturers of Georgia appeal to it
for protection.
Last Monday the Supreme Court of
the United States decided several cases
from New Orleans which were akin to
one another in that they arose under
that clause Of the Federal Constitution
which prohibits a State from passing
any law impairing the obligation oil
contracts. Read the following:
ain No. $50, the New Orleans
water-works, appellant, rs. Robert E'
Rivers, appellee, a decision was render
ed. The complainant sought to enloir
the appellee from getting water from
the Mississippi river for the use of his
house by bill in equity. claiming the
exclusive right to supply every either
of the United States in New Orleans
with water. The demurrer OF the de
PENDANT was sustained by the Circui
Court, and this decision was to-day re
versed by the United States Suprem
Court"
That is to say, the Supreme Court Q
the United States affirmed the right G
q monopoly to furnish every person
New Orleans with water. 1t is state
that this case was decided upon tn
principles laid down in the Gas-Lgt
Company's cases. And what tho'
principles were the Picaytne states
follows:
"The Court holds that the supplyir
of gas is . public matter, etc., and tn
il is proper to give particular corpor
tons exclusive privileges. Legislatit
of that character, the court says, IS n
open to the objection that it proven
the citizen from engaging in busine
open TO oil upon terms Of equality b
cause such business is public matt
and may be either benefit or an
jury to the public. 1t is therefore
proper subject Of legislation.
"The Court recognizes the authors
Of the State to exercise without int
ference what is known as police pc
err but says this gives it no right
trench upon the authority Of
ant xtnt at vtU1
granted or secured by the supreme
Of the land.
"In conclusion, the Court says:
Is the monopoly clause OF the Con
tuition indicates TO be the judgment
the State, the public interests will
best subservcd by an entire aband
msnt Of the policy Of granting ex
sivs privileges to corporations OF
than railroad companies, in consid'
tion of services TO be performed
them for the public, the way is open
the accomplishment of that result v
respect to corporations whose contr
Y with the State are unaffected by
change in the organic law. Let
rights and franchises, which have
come vested upon the iaith oil such
tracts, be taken and paid for by
public under the States power Of ,
pent domain.
"lp that way the plighted faitl
The public will be kept with those '
have made large investments upon
assurance by the State that cont
With them should not be violated"
The following is significant: I"
<hs rights and franchises which b
become vested upon the faith Of s
contracts be taken and paid for by
public" This, il will be observed
what the Observation-Disclosures In Gs
eia clsin-nsmely, that the distiller
4c.. must b. paid for BY the Stat
The, are clofsd BY . State law.