The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-13
GOVERNMENT BY INJUNCTION.

decisions by the Supreme Court on 'iie
United States that the legislature,
either bv a direct statute, or through
power confded to a railroad commits
sion. could fix a maximum rate Oh
railroad charges. The only limitation
upon that power was the one the court
construed as belonging to ltselt-
tbouorh II is not clear whence 1T pos
sesses such power-of overriding the
act of the legislature if the maximum
so fixed is unreasonably low. TO most
men it would seem that if the legisla-
tive department possesses-as 1t un-
deniablv does-the power to fix rates
for these public corporations because
+1,av are common carriers, the legisla-
tive department is the only one which
could correct an oppressive exercise OF
that power
But without discussing that farther,
II has never hitherto been even con-
tended that the courts had any power
to pass upon railroad rates except
when it was complained that the rates
fixed by statute, or by railroad COM
mission under authority of staitute,
were oppressive. The only power
claimed by the courts was to supervise
the legislative action, and that power
was so doubtful that in all the cases
which have come before the Supreme
Court of the Union, while the court
has more or less plainly claimed this
power Of supervision, in not a single
case has it ever in fact
exercised the alleged power
bv holding the rates fixed by
the legislature Cor by railroad COM
mission) to be too low. But the ac-
ton of Judge Sfmonton and Judge
Speer in granting temporary injune-
tions against a railroad fixing its own
rates is an astonishing performance,
and absolutely without precedent or
reason to sustain them.
Heretofore the corporations at first
denied chat even the people, acting
through their representatives, could
fix a maximum rate, but when that
power was sustained, the corporations
succeeded in getting the courts to
hold that the courts had veto or SUI
pervisory power upon the legislative
action. Now, they go further, and
the corporations get the courts to hold,
not by way of passing upon the effect
of a statute, but ex proprio vigore,
that a Judge is vested with the power
of passing upon rates fixed by rail-
road for itself. If the judge can say
such rates are too low, of course he is
master of the whole subject, and can
say they are too high. If this is true,
then there is no need of railroad com
missioners, and the legislature itself is
travelling out of its jurisdiction to fix
rates. The power of fixing rates is
also equally taken away from railroad
boards and managers. The judges
will hereafter say what rates are too
high and what are too low, and we
have in effect government ownership
of railways" Tt is already here if the
courts have Such power.
There is neither statute or prece
dent for the assumption Of such au-
thority by the courts. 1t is dangerous
and shows the despotic tendency Of
the courts, which called out the we'll
timed declaration of the Chicago plat
form against government by injunc-
tion. Mr.. Bryan, in a recent speech,
well said that free people should ever
be waltcihful of the conduct of their
servants.
1t was Thomas Jefferson who long
ago declared that the Federal judi
ciary were 'a company of sappers and
miners steadily undermining the fab
rio of the Constitution" The power
to construe the law is the power to
make law. The judiciary also claims
for itself the power to nuIlify any
statute by declaring any act of the
legislature unconstitutional. Such
enormous powers, if unrestrained, are
a despotism. In the State courts, this
vast power has been restricted and
made subject to control by making the
Judges elective for a term of years, at
the end of which time the conduct of
the Judge is subject to review by the
sovereign, the people. But in the Fed
eral courts, there has been, as yet, no
such change. The judges are APP
pointive and hold office for life. Thus
possessed of unlimited power they are
absolutely irresponsible. The money
power has seen its opportunity and the
benches of the Federal courts are
crowded with men who have spent
their lives as the representatives of
great corporation interests, and who
ascend the bench with the natural
bias of Lifetime practice as ''corpor-
alton counsel" and also with knoWl-
edge that to that influence they are in
debted for appointment. To the pub
lie they owe nothing. The peoples
side of great questions they have
never seen. Their offices are for
life. For public opinion they care as
little as Vanderbilt, when he used his
famous expression. 'tthe people be