The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1898-04-29

reviewed by the Supreme Court. and
by the time such matter can be brought
to such detern nation. the change OF
conditions will open the way to another
appeal, and thus the schedules tenta-
lively fixed by Legislative action be
held up, like Mohammed's coffin. be-
tween earth and heaven forever.
We might we'll criticise the opinion
OF the Supreme Court and undertake
to show:
C This decision is contrary to the
common law doctrine which is (a) it is
competent for the King to limit. in the
grant or license, the toll taken by com
mon carriers: (b) it is the prerogative
of Parliament to fix maximum change
for interest on money, for entertain
ment by tavern keepers, for bread or
other necessities of life, of tolls by
nillers, and of charges by common
carriers Only in the absence of limi-
tation by the Crown or Parliament
have Courts jurisdiction over rates.
(2) This opinion is a reversal of the
doctrine laid down in the Grange cases.
to the effect that the question of rates
is legislative question.
90 1t overrules the principle of the
decision of the Supreme Court. (opin-
ion by Chief Justice Taney). in the
Charles River Bridge case. IL Peters
SAT. declaring the salutary doctrine
that in grants affecting the public in
terest nothing passes by implication
and that the right to alter, amend or
repeal such charters is reversed by the
Legislature.
If, when the 18th amendment was
being adopted, it had been suggested
k1% ~ I
thereby be deprived of the right to fix
a maximum rate for freight charges,
such suggestion would have been
laughed out of discussion.
But it is idle to criticise the decision
in the Nebraska cases in any hope of
having it overrnled. There is no dis
for all the Justices to s'change their
minds against corporations, in favor
of the people The remedy must be
sought in an amendment to the Con-
stitution. providing for rigid control if
not for public ownership of railroads.
Mr.. Jefferson's prophecy that the
Federal Courts would prove the sap
pers and miners" of the Constitution,
is being rapidly and fearfully fulfilled
in these days of corporate rule. The
Supreme Court have decided that de-
spite the Legal Tender acts, creditors
may legally stipulate for payment of
debts in gold coin. This puts it in the
power of the capitalistic class to nulli-
fly the legal tender acts of Congress-.
What will it profit us then, to restore
silver to 1nintage rights?
They have declared unconstitutional
the act providing for an income tax,
thereby multiplying the right of the
people to equalize the burdens of tax
alton. Now they have abolished the
legislative control of rates on railroads.
When we seek relief from ruinous fall
ing prices by return of the Constitu--
ton, we are met with veto by the
Federal Courts.
| When we try to make the rich bear
their share of the burdens of taxation,
we are confronted by similar veto.
When we attempt to escape the evils OF
extortion and discrimination, acts OF
Congress are nullitied by like vetoes.
| In 1643 the English people beheaded
Charles on Tower Hill because he
had dispensed with acts of Parliament.
Since then the Crown of Great Britain
has never dared to veto an act of Par
lament. Should Victoria have the
temerity to veto bill passed by the
Parliament, fixing maxima rates, her
crown would be, in danger. Should
she 90 half so far as our Supreme
Court has done in dispensing with acts
OF Congress, she would lose her head.
Unless some.way Of escape is had
from the tyranny Of the Federal
Courts. the time is not far distant
when the people will find a way to
remove these judges. II Impeachment
does not answer, some other method
will be adopted. -