The representative. [volume] (St. Paul, Minn.) 1893-1901, 1893-08-23

An astounding thing has happened.
Really we have not lived in vain.
Our uprOar in the antitrust conven-
tion at Chicago, when we defed the
lawyers to show where the courts had
received the power to wipe out a leg
islative act, has borne good fruit.
Last winter our state legislature
passed law to compel railroad trains
to stop at county seats-a very rea-
sonable proposition. The St. Paul &
Duluth railroad company refused to
stop at Pine City, the county-seat of
Pine county. The city authorities
had the engineers, ETC., arrested.
Then, said the railroad company, we
will take the matter into the United
States circuit court; that of course
will knock the law endways; for
the chief function of courts is to
nullify legislation. And so they
brought the matter before Judge
John A. Williams. But to their utter
and overwhelming astonishment,
Judge Williams sustained the law.
And more than that, he did it on
the ground that the legislature has
some rights and is entitled to some
respect, and something must be pre-
supposed in it's favor. He says:
II think it is also within the po-
111n nf hn tot oaf
all, must be left to the ,oisdona and dis-
cretaon Of the legislature IN passing the
lao. The law-making powers are to
judge of the necessities of the law for
public welfare, and 1t IS not for the
courts to say that there aUds no necessity
for 1t.
| If this law was necessary for the
| protection of the people, or for the
welfare of the people, or for the safe
ty of the people, then the legislature
had the power to enact it. 1t is con-
tended that they have special &C
cOmmOdatiOnS without stopping this
train. That comes clearly within
the purview of the legislature to say
how much is necessary, and it is not
for the court. Now, in this particu-
lar instance they may have special
accommodations without compelling
this train, which does not carry pas
sengers and freight, or any other
train belonging to the same company
to stop at this station; but if it is
within the power of the legislature
to pass the law at all for the welfare
of the people to say that they shall
stop at any particular place, they
must make it general, and when they
say that all passenger trains must
stop at all county seats, it is a gene.
raj law, and the legislature thought
it was for the public welfare"
We undertake to say that not
another decision can be found during
the last twenty years in which the
coordinate branch, the legislature
is SO clearly and respectfully recog
nized as in the foregoing. And we
undertake to say farther, that if We
had not made the fight we did against
the arrogance and the usurpations Of
the courts, no such decision woulC
ever have been rendered. It is rev
olution-it is the beginning of a new
era.
We don't blame the judges Sc
much. 1t is natural for every caste
to aggrandize itself. And, moreover
the judges have constantly before
them set of cringing lawyers, ready
to crack their back bones and crawl on
their bellies for bread and butter
The bold man is the exception in
that profession. The whole spirit OF
the age tends to servility and nam.
mon-worship. AS soon as the judges
find there is resolute people, ready
to resist their aggressions, they will
haul in their horns; and if they don't
we must knock the horns off them.
I'D.
Ten years ago the American far.