The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-06-28

Another Grange decision was rem.
dered In the Supreme Court of the
United States on Monday by Chief Jus.
tice WAITE on case that came up from
Iowa. The State was party to the
suit on the one side, and the Chicago
and Burlington Railroad On the other,
and the question involved was the con-
sti:utionality of the State law fixing
maximum freight charges. The Supreme
Court sustained it. 1t declared railroad
companies are carriers for hire; that
they are incorporated rs such, and
given extraordinary powers, IN order
that they may the better serve the public
in that capacity; that they are there
fore engaged in public employ yment
affecting the public interest, and subject
TO legislative control as to their rates of
fare and treights, unless protected by
their charter. The State, however, in
the charter to the Burlington road, did
not grant the right to regulate freight
charges. 1fit had, the Chief Justice In
bis decision intimstes the judgment
would have been different. for," to quote
his language, 'it Is now too late to con-
tend that the charter of q corporation is
not contract. within the meaning OF
that clause in the Constitution of the
United States which prohibits a State
from passing any law impsiring the OBJ
legation of the CONTRACT The Chief JUS
tice then goes on:
This company, in the transaction of
its business, has the same rights, and is
subject to the same control, as private
individuals under the same circumstsn-
ces. 1t must carry when called upon to
do 80, and can charge only reasonable
sum for the carriage. In the absence OF
any legislative regulation on the subject,
the courts must decide for it, as they do
tor private persons, when controversies
arise, what is reasonable. But when the
Legislature steps in and prescribes q
maximum of charge, it operates upon
this corporation the same as it does upon
individuals engaged in similar busi-
ness. IL was within the power of
the company to call upon the Legisls-
ture to fix permanently this limit and
make it q part of the charter, and II 1t
was refused to abstain from building the
road and establishing the contemplated
business. If that had been done, the
charter might have presented contract
against future legislative interference.
But it was Dot, and the company invest.
ed its capital, relying upon the good
faith of the people and the wisdom and
impartislity of legislators for protection
against ong under tie form of legisls-
tive regulation.
1t is q matter of no Importance that
the power of regulation now under con-
siderstion was not exercised for more
than twenty years after this company
was organized. A power of government
which actually exists ia not lost by non
user. A good government never puts
forth its extraordinary powers except
under circumstances which require it.
That government is the best which, while
performing all its duties, interieres the
least with lawful pursuits OF its people.
The public will bear in mind that a
maximum rate of freight and passenger
tariffs is provided for in the charter of
the Baltimore and Ohio rosd-the con-
troversy now being as to whether that
road is transcending that limit.