The Railroad Aid Bonds

The Detroit Tribune rejoicös right hugcly over the recont decisión of the United States Suprerae Court holding the so-called railroad aid bonds good and collectable,- that is, if in the hands of innocent non-resident holders : it uiatteting not, we suppone, whether or no the aforesaid " innocent " holdors purohasod or bocamo possessed of tho bonds in question lefore or ater the decisión of the Michigan Supreme Court in the Salom case, which decisión held the aid law uuconstitutional and all bonds issued under it void. The Tribune has also discovered a short method bv which tho judgment in the decided case, and n.11 similar judgmonts, are to be enforced and the nioneys collected and paid over to the judgmont cruditors. It is in the following section : Sectiox 6630. When a judgmeut shall be rccoverod against any township or agaiust any townslrtp officers, in an actiou prosecutod by or against them in thoir name of office, no execution shall be awarded or issued upon such judgmont, but tho same, unless reversed, shall bo levied and oollected as other township charges ; and, hen so collected, shall be paid by the township treasurer to the person to whom the same shall have been adiudged, upon the delivery of a proper voucher tbcrefor. - Compiled Laws, vol. 2. We might suggest that the entire law froin which this section is quoted applies to judgraents obtaiued in the State courts, and that it can in no way be tortured into meaning that taxes shall be levied to pay judgments obtained in a United States court ; but we prefer to take the Tribune on another tack. In a " little turn " we had with that journftl in February last (growing out of a briof comment made by us on its endorsement of a decisión of the Supreme Court of Texas), it claimed that a decisión such as the one just niado by the Supreme Court would in no proper sense be n reversal of the decisión of our State SupremeCourtin the Salam case.and that tnat decisión would bind all inferior courts and all executive oflicers, or to use its own words, " Whatever the Washington court may decide, the Salem case will still determine absolutely what the provisions of the Michigan Constitution are upon this point." That decisión held the aid law uuconstitutional; if unconstitutional it was void from the instant the Governor Bigned it until now; and if void can supervisors and collectors levy and colleot moneys to pay obligations contracted under it 'r If they proceed to do so and the individual tax-payor refusos to pay or contests the sale of hia property, will the State courts, bound by the decisión of the Michigan Supreme Court, come to the aid of the collector or the tax-payer ? If real estáte is sold aud a tax deed made will State courts bound by the decisión of the Supreme Court, or that court itself, hold such tax deed goodr These are practical questions, and will bear consideration. It may be thore is nothing in them, and that the constitution and laws and decisions of our State couita and other State nourts are but wisps of straw; that in defiance of their plainest provisions and clearest docisions, the United States courts may decide . " A railroad is a public highway. Being so, and thus a road for public use, a State may impose a tax in furtherance of that use, even though the road itself be built and owned by a private corporation." This being so, is it not child's play for convention commission or legislature to incorpórate the restrietion (seo now pending constitution) in the organic law ; " No county, city, township, or other municipal corporation, shall become a stockholder in, or make any loan or gift to, or lend its credit in aid of any person, private corporation or association." A corporation owning a railroad " maintained under a statute of a State authorizing such construction and maintenance," is ct subject to State regulation, but to general law and may dive deep into the pockets of the tax-payers, even though the State Courts, as in this case, have nevor hold aid laws valid. If such doctrines are to prevail there are breakers ahead, and we may see Congress authorizing taxation by municipalities in aid of railroads it may charter. In faet, this would be moro tenable and reasonable than the inforcing of local taxation in violation of State laws, - for the State laws are what the highost State courts decide them to be. The Arkansas muddie is seemingly no nearer a settlement than when the coup d'etat of " Gov." Brooks gave him possession of the State Houseand turned " Gov." Baxter out upon the cold charities of the world. The progress of events have compassed many significant changes of base. Last October the Supreme Court, by a unanimous decisión, refused to issue a mandamus in aid of Brooks, holding that it had no jurisdiction, and that the Logiülature was alone competent to decide who was Governor. Now the same Supreme Court, four of the five judges being present and concurring, hold that a Circuit Court has jurisdiction, and affirms Justice McClure's decisión awarding the gubernatorial office to BR00K8. That is, the Circuit Court has jurisdiction and powers beyond those of the Supreme Court. Wonderful conversión. - The Legislature met on Wednesday uder Baxter's cali - seemingly sanctioned at Washington, and we shall see what we ehall see. One thing is certain : both Baxter and Brooks have shown their utter unfitness for the position each claims. And tho adherents of each are equally untrustworthy and dangerous. Poor Arkansas I 1 1 i 1 1 THE Frce Press calis in question the regularity of the action of the Legislature in revising instead of amending the Constitution, and holds such action not only unwarranted and irregular but illegal, and that as a result a vote of tho people sanctioning the amendments will be void. It quotos from the present Constitution the two soctions (1 and '2 of Art. XX.) which mark out the procesa of amonding and revising, and concludes that the revisión now pending is in exceas of the authority to amend, and that as a revisión it is entirely and wholly without authority. Technically we have no doubt, that the Vree Press ia right. The Legislature essayed too big a job, and neglected to smooth their way even by Bubmitting its work by pieces. But we are, novertheloss, not prepared to beliovo that tho courts will go back of the vote of the people deliberately ratifying the work of tho Legislature.