The New York herald., 1877-03-02
THE .GRANGERS.
Text Of the Decision in the United
States Supreme Court.
STATE RIGHTS CONFIRMED.
Freight and Passenger Railroad Rates To Be
Regulated by State Legislatures.
WASHINGTON. March / ISL

cded the eocated granger cases, the urst being
that OF Ira Y. Mum and George L. Scott. plaintiffs
error, The People Of the State Of Illinois,
| to the Supreme Court OF the State OF ILLINOIS,
Mr Justice Waite delivered she OPINION Of the Court
The question TO DO determined in this case is
whether the General Assembly OF Illinois can under
the limitations upon the legislative power OF the
States imposed by the constitution OF the United
States, TX by law the maximum OF charges for the
storage OF grain in warehouses Chicago and other
places in the State having not less Than 100000
Inhabitants IN which grain Is stored in bulk and IN
which the grain OF different mixed together
! or in which grain stored such manner that the
y OF the different lots parcels be accu.
raiey preserved II Is claimed that such is re-
pugnant-
First-ro that part OF section eight article one OF
the constitution Of the United States which conlcrs
upon Congress the power 10 regulate commerce
foreign nations and among the several States"
Second-To that part Of section ninc Of the same
article, which provides that no preference shall be
gwen by any regulation OF commerce or revenue TO
the ports OF one State over those of another"
1htrd-ro that part OF the fourteenth amendment
which ordans that no State shall deprive any person
o e, liberty or properly without due process law;
nor deny To any person within Jurisdiction the ca
protection Of the laws"
| We Will consider the last or the Sc objections first
Every statute Is presumed TO he constitutional The
courts ought not 10 declare be
unless IL rs clearly II there doubt tho expressed
will OF the Legislature should be sustained. Tho con
sttutou contains no definition OF the word "depr yeu
as used IN tho fourteenth amendment
THE EFFECT
To determine It's sgrincaion, therefore, II Is ccces-
sary TO ascertain tho cicct which has gwen It
when employed in the like connecton
Whlo this provision OF the amendment rs new In tho
constitution OF the United States as hmtat ION upon
the powers OF the states, Is old principle OF CIV
ilzcd government IL IL found IN Magma Cnartn and
~ substance, II not In iorm nearly quite all tho
constitutions that have been from timo TO
| time adopted by tho several states of tho Unino
BY the Giih amendment II was introduced int the con-
st:utlon of the United States limitation upon tho
powers Of the national government and by the Tour
| n nj nm
Acknowledged right oil citizenship by the legislatures
the states. When the peope OF the United Colonies
separated from Great Britain, they changed the form
hut not tho substance OF their government They
tanned ior the purposes OF government all Tho
| powers OF tho Brush Parliament, and through
their State constitutions or other forms OF social
compact undertook to give practical sucn as
security OF lite and property. All tue powers which
thcy retained thcy committed TO their respective
served to themselves Subsequently,, when il was
iouna @ necessary TO establish a national government
OF tho States soa the sf peoples o q .ns
States was granted TO the United States
and the people OF the United states. This grant
operated as further Limitation upon the powers OF The
States, SO that now the governments the States pos
scss all the powers OF the Parliament of England
cept such rs have bcon delegated to tho United
or reserved by the people The reservations by tho
people shown in the prohibitions OF the constitu
tons. When one becomes member OF a society ho
necessarily parts with some rights privileges which
as an individual not affected BY his relations Others
he might retain
| WHAT "a BODY roLrrrc'' rs
ga body polite, as aptly defined in tho preamble
of the constitution OF Masscn nusets is social com
pact, by which the whole people covenants with each
citizen and each citizen with tho whole people that all
shall be governed by certain laws Tor the common
good. This does not coniar power upon the whole
people to control rights which purely ana cxclu-
syey private Sfhorpe vs., n The r. and D. Railroad
establishment OF laws requiring each so con-
duct himself and so use his own property
necessarily 70 ipjure another This very
| Of government and has found expression in the
maxim, SIC utere tho ut at,enunI trdas. From
s.a ,.nl,,c
said by Chief Justice Taney the license cases 5
| How, $3.50, care nothing moro less than the
powers oil government Inherent IN every sovcrcgnty
That is to say tho power to govern
men and things Under these powers the government
regulates tho conduct Of IFS ctzcns ono toward
another and tho manner in which each shall his
own property when sucn regulation becomes necessary
Tor the public good In their exercise u has been
tomary in England from time inmemorial aud this
| country from It's first colonz ,lion, to regulate
ferries, common carriers, nackmen bakers mil
lcrs, wharlngcrs, nnkecpcrs &c, and in SO
doing TO fix maximum OF charge to be made for SER
vices rendered, accommodations furnished and articles
soid 10 this day statutes To bo found many OF
the States upon some or all these subjects, and
think has never yet been successfully contcnded
such legislation within any OF tbe constitutional
prohibitions against intericraIce with private prop
erty. With the hfth amendment In iorce Con-
Of Washington to regulate tho rates
OF wharfage at private wharves the
sweeping Of chimneys and to Tx the rates OF fees
therefor, and the weight and quality OF
bread Statutes bS7. section and In ls4S to make
all necessary regulations respecting hackney
OF hauling by cartmcn, wagoners, carmen aud draw
men, and the rates Of commission auciionccrsp
parent that down to the time of lhe
adoption OF the fourteenth amendment II was
supposed that the statutes regulating the even
the price OF tho use OF private property necessarily
deprived an owner OF his property without duo pro.
but not uuder all Tho amendment does change
the law in this particular IL simply prevents tho
States from dong that which Will operate such
deprivation.
THE POWER rHs REGULATION RESTS.
This brings Us up 10 inquire to the principles upon
which this power OF regulation rests, ~ order that
may determine what is within and what without It's
operative effect Looking, then. TO common law
st,.uton protcc,ss We find tina, when private
property Is Affected with public Interest
SAID by Lord Chief Justice Halls more than zoo
years ago his treatise, "De IDrS,btS Mdrisn
ANA has been accepted without objection as
an essential element the law OF property
ever since Property does become clothed with
public interest wnen used IN manner to make II OF
pubnc consequence and ahect the community at large.
Whcn therefore, ono devocs his property to u in
which the public has an interest he in effect grants 10
the pubic AN interest IN that and must submit
bo controlled by the public for the good tho
extent OF the interest he has thus created lie may
Withdraw his grant by discontnuing the use, but
long as ho maintains tho use ne must submit TO tho
control
Amer quoting Lord Hale as to ferries, wharvcs and
wharngers aud the decision oi the Supreme Court OF
Alabama Dce ausc the Court thought they found IN
them the prncpIe which supports the leg thcy
examining, the opinion ntnucs oiiows:---
Enough has already bccn SAID to show that when
private property Is devoted 10 public use II Is sub
Jcct to public regulation IL remains on TO
whether the warehouses OF these paintins In error
and the business which Is carried on there within
The operation o this principle. For this purpose We
accept true the statements Cf fact contained IN the
elaborate brici OF one OF The counsel pants IN
error.
WHAT PLAINTIFFS srArEmsSrs SNOW
From these II appears that the great producing re-
gion o the West and Northwest sends It's gram by
water and ra 10 Chicago, where the greater part IL
Is shipped by vessel for transportation 10 scaboard
by tho great lakes and Of II forwarded by rn
way TO the Eastern ports Vessels to some
extent are loaded IN the Chicago barbpr and sailed
through the ST. Lawrence directly to Europe
The quantity (oi gram received IN Chicago has made
IL the greatest gram market the world. 1hs bus-
ness has created demand for means by which The
immense quantity ol grain can be handled
stored, and these have been found In grain ware
houses which are commonly lied elevators because
the gram Is elevated from the boat by machinery
operated by steam, INTO the BINS prepared Tor