, 1874-01-07

The people Of this St1e have already realized, 70
limited extent, the benefit Of the law against un1u
iscrnination in this particular, that the trade
.,usiness Of intervening towns and Villages have bee
Cities aud ,owns At terminal md competing point
But competition Is always ut the mercy OF comblu
ton, and the railroad corporations Of th
| State, while complying. in the main, Wit
the Inv foTbidding just discrimination Agnin
localities, to have combined to keep their rat<
unreasonebly high, thus demonstrating to tho peep
Of the Stae by tho experience Of the last s1 month
that law ag1nst discrimination sanctioned by ever
principle OF justice, but without other aid than III;
afforded BY competition, rather dta prctense Is II
adequate to meet the wants and necessities Of the per
ple- The law against unjust discrimination Is valua
BILE. Competition whenever 1t can e1ist and is rca
valuabe but these two aone cannot aolye the rawa
problem so long competition between rniroad cor
porauuns Is limited in extent and is liable to be smoh
s aope whc M sec fse. e
non-co1npeug points, and curb combination at cotn
peting points. Would any other policy or method b
20 likely 10 accomplish this two-fol1 purpose as tn
| establishment Of reasonable maximum rates o
chargcs7
REASONABLE MAXIMUM EATEs
Tie eighth section Of tho xct OF May 7, 1878, con
tains the following provision:
'.Thc Railroad and Warehouse Commissioners ar
hereby directed to make for each Of tho ,ilfoad
porattous doing business In this State, as soon a.
practicable, schedule Of reasonable maximum rate
Of charges for tho transportation Of passengers
freight and cars on each Of said raIlroad aud gait
schedule shall, in ali suits brought ngatnst any srci
railroad corporations. wherein s In my way involved
the charges Of any such railroad corporation for ths
J
unjust discrimination relation thereto be deemed
and taken, in NIL courts Of this Slate, prirna facic
evidence that the rtes therein fixed are reasonable
maximum rates OF charges for the transportation OF
passengers and frclghts ard cars upon tho railroads
for which said schedules may haro been respectively
prepared. Said Commissioners SHALL from time Ia
time, and often circumstances may reQulrc,
| change und revise said schedules"
This provision Of the statute, however, does not go
into force until the 18th day Of January, 1874. It is
apparent therefore, that the act Of May = 1873 has
yet hsd but haH an opportunity as 1t we're, to test Its
efficiency The third section declares what shall DO
priua facie evidence OF unjust discrimination; the
eighth section declares what shall be rrma facIe ey-
dence of reasonable maximum rates; and hoh unjust
discrimination and the charging OF more than Tea-
Ronabe rates forbidden BY other provisions Of tho
statute, under the penalty Of heavy nues: The Ell
cheney Of the Law will be owing the fact that unjust
discrimination and abortion, Ike nisdcIncAnors aud
cr1mes Will be prosecuted By the public Instead of
the risk Of heavy expense the part OF the cuzen
ana wu be punished BY severe penalties going to Tho
public, instead OF tThlng remedies by virtue Of the
common lAW. We shall enaeayor to show that the
tabshnent Of rates of charges provided
for in the eighth section OF tue Of MAf T. 1875 Is
constitutional, practical, and tust.
Judge Cooley, In his aIle tseatise the Cousdsu-
tioual Limitation which rest upon the Legislative
power Of the States, says It must also te evident
that right to have ones controversies determined y
existing rules Of evidence Is vested right These
for Its citizens aud generally in legal contemplation
they Neither enter into and constitute part OF any
contract nor can be regarded beig OF tue
or any right which party may seek to enforce. Like
other rules aecting the remedy, they m11s therefore,
at all times be subject to modification ind control bv
the Legislature, aud the chengrs which enacted
may lxWfily be made applicable to existing Of
action, eTen In those States In which retrospective
laws are forbidden. For tie 1aw as changed would
controversies IN the future and It could not, there
fore, be called Retrospective, though Of the
controversies upon which 1t may act IN progress
before. 1t has accordingly beeu held In New Harnr-
shire that statute which removed the dis1u1caons
OF interest, and allowed parties to quits tcstfs
might Lawfully apply to existing causes Of action. 50
may y statute which modifes the common law rule
excluding parol erienc, to vary the terms Of written
contract; and statute making the protest Of
These aud tie like cases win sufficiently illustrate tie
general rule thai the wLole subject Is under the con-
troll CT the LegtAiaurc which prescrbes Buch rules fcr
the trial and determination, well OF existing Of
future rights and controversies IS In Its judgment
will most completely subeerve the ends OF ]us.lce."-
[p. $751;
These propositions Of The text are fulr sustained by
authorities cited in the notes. w. ..
In Ogden =. Saunders, II Wheaton, $40, ChIef-Jus-
tee Marshall, afer cunsidcr2g statutes Of frauds,
statutes ag2!uss sury and statutes Of 1iln:tatloua
says All hare acquirscc1 in these enaci1ncut. hut
haye never considered them being Of that c:s5 Of
laws which impair the Obligations Of contracts. In
tho evidence viii sla be received in liz
COURTS and tho effect Of that evidence tie State is
exercising ta acknowledged powers. It Is likewise in
the exercise OF it's legitimate powerc wlca it Is reu-
lating the remedy End mode Of proceedings in i:s
III Commonwealth y Williams, Gray, l, it was |
held by the Supreme Ctur: of Massachusetts,. that
statute Trorlaing that IN prosecutions for common
selling of sltituous and Intoxicating qEors delivery
in or from any building or place. otLer than dwell
ing house, 'sha be deemed prima facie evidence Of
Fale,n was constitutional and valid. The Court say:
I; is 40 new thing il the history administration
ttrbuted to particular facts or series of facts ~
means and instruments OF legal proof TLia may he
seen in many Of the rules Of evidence which prevail
The common law, and in others which deIye their
orce from legislative acts. These, then, are
:lueive r1csu1ptions, which, from Motrcs of pubic
,ocy or fu: tie sake Of greater certainty or for lie
f1ta
lave been adopted BY common consent. Sometimes
he corr moun consent Us which this class Of presunp
be Judicial Tribunals and thus becomes part Of the
otnmon law Of the land: Aud eonetimes 1t IS es-
,ressly declared by the direc. authority Of e Less-
atuTe in s!ttutes daily enac:cd."
In Hand Dallou, u New York, 543, the Court cay:
The Legislature certainly have power TO determine.
y Law, what SHALL In civil cases. lie received by the
'ourts Is presumptre evidence"
In Allen y. Armstrong. l6 Iowa, 513. the Court FER
Dillon, J., That the Legislature is competent 10
nina face evidence Of the regularity and validity Of
u prior proceedings, ia everywhere admitted"
ateA, per Grier j.. say: The power Of tho Lcgiaa-
ure to make the deed Of public officer prina faeie
vdenes Of the regularity OF the previous ,oeeedngs
In this State tns statute OF 1870 for the collection Of
tos ot RaDo ,a @ a e The
onlrary zhuu 30 made to appear" Our supreme
ourt repeatedly held that this statute dis
enseu VIII tic RUS OF tno common law, which rc
uired party claiming title under srecinl proceedings
ahorzed by e.atute, by which the estate Of man
lay be dTasted and transferred to ano:her proYa
lat all the material reQuisticCs OF the statute have
cen complied with, and placed tho burden Ct proof
tho nrEt Instance, the party controvertng tho
tic under The Auditors deed. .'Gzafes :. Bruen II
linos, al, and cases cited.
Tho integrity OF contracts is crefuliy guarded
: the Constitution han the sacrednezs Of prirate
ropcrtT. Tho Railroad and Warehouse Cosrfusssioa-
3 public officers their duties are prescribed by
II, and their acts, In the performance Of thefe utc
q made prima facie evidence Of proper and impair
ii dtsc3arga OF their duties, and such are, pre-
lmpti1eJ, binding upon parties, the same as was
e report OF Commissioners under the former law OF
lis htate, providing foz the assessment OF damages
hen private property was taken for public use-
Nor l. there here, In any proper sense delegation
general Legislative authority. The General Assem-
rass lava, the object O! which Is The establish
ent Of sonabe madmr rites Of charges for tho
ausportatfon Of passengers ani freight Oh, the f-
rent railroads In this State. and thereby the prerc
u Of e1tort1on. Such lava may directly or indi-
city establish reasonable maximum rates, and In I
her case they would, in Judgment, be constitu-
NAL. I
The General Assembly Eass the laws, and the Laws ,
tabiish immediately mediatey reasonable MAXI
lm rates. In this the General Assembly hare
ssed laws, which, by prescribing mode Of rro- 8
dure md rules Of evidence, indirectly establish !
asonabe maximum rates. /
In the OF the People y REYNOLDS S (4ehlman T