The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-04
The Sweep of the Granger Decisions.

Total for tho weck...........,,..... .OOx.Os0
The Sweep Of the Granger Decisions.
We doubt whether the people OF this coun-
try fully appreciate the full sweep and sig
nincance OF the decisions made on Thursday
by the Supreme Court Of tho United States
In what arc known as the Granger cases. The
parties Immediately affected are only few
warchouscmcn and railroad companies in
Illinois and Wisconsin, and the point In dis
pute was merely the right OF State Legisa-
lures TO fix rates OF storage for grain and
tariff for passenger and freight transporta-
ton on railroads. But the reasons assigned
by tho court for its judgment are novel and
startling, and strike at the tenure Of private
property Of every description.
In the opening of their opinion the Justices
say, very truly, that civil society Is com
pact, In which each citizen tacitly agrees to
submit to such laws as may bo enacted by
tho body polite for the common good.
Hence the powers OF a Government TO mako
police regulations, prescribing the manner
In which property owners shall use their
property. 80 as 10 prevent injury to others.
In tho exercise Of these powers, they say, 1t
has been customary in England from time
immcmorill, and in this country from its
first colonization, to regulate ferries, COM
mon carriers, hackmen, bakers, nillers,
wharfngers, innkeepers, &c, and in so doing
to fix Il maximum OF charge to be made for
services renderel accommodations fur
nished and articles s)ld. This, IL Ia we'll
known, does not come within the provision
OF the Constitution forbldding the taking OF
private property without compensation; but
tho reason usually assigned IL, that the
trades and occupations enumerated enjoy
special privileges which make special regu-
lations OF them proper. Thus. railroads are
permitted 10 acquire their trails ..nd depot
grounds against the owners will, hackmcn
occupy the streets while waiting for Gus
toners, milers and bakers used to enjoy
monopoly of grinding and baking. lnnkcep-
ers have "A lion on the baggage Of guests for
the amount Of thor bills, and so on through
the list. But the Supreme Court has taken
broader ground
This brings to inquire TO the principles upon
Which TN power OF REGULATION rc- ~ order tha! We
orran'e elect Lkins te9 70 soa,,n9n NV ron
w. nni That Meen rn,a'e properN i: ar,e Mi,h
pai ty or, ii G9sti' Il a, ,,,,s dian 70 ,,rr. .e
n IN. n'au~' ID r"ru1a. Mari d iiars law tract,
"a sIsmsn, ~ '' lay OF rspe1% ',f1 SING y q' y
gr. ' s d. - ~ he" 1 s % al 1' i,.S,
When nereef en. aggs ~ ,o.rS TO- g.c IN
the punn, ln mi,ro.t thli ani nu.t summit 10 be
eontroci 10, the plhhc tor 10, common so,d t. ihe
.ni % rn inere.t nc ha- tu' created lie may nm
maintain, il, use A, must subnht 90 tic cvnt
And. that there may he no mis,', as TO
their meaning they apply tho principle 10
tho casc Of the proprietor Of grain elc-
vator IN q IS fashion:
"a" ne .' .ta nS w1 'rS. s G ~ A.
t.-u,i. 40 900. 'i' a0r" in- 80 site ~ Nn.r ~ q
tn! ,ic't.d WIN d., us,r hnrl.r ,n on -'. aai
urn,i tim 'rum ear To- ,c-..l or lnit 20 ~. may
b. demtnd'h in The c'ur>" of hn -n',s u hH. t" %
sni THIS l,, given rise To .ysuin vi in.ifotn prI
and rrc,lIi. issued t number OF hu.el. which arc
This mode az e,ni,tnt the ha-nc,. was ina ,Wratcl
more than twenty 2eHrs aso, aud has grown 10 immense
ludrr such oir-um''auec- It 4 dricnlt to SO why.
thr iunAccler. the Whtnn'ef. or the harer coach.
paliid once ihrsc fminuil. ,i eiiordor't
,. @e' r, ~, In a., ca'' ,e' us anNn in 'rrr
No.. l'' q, .' 81 aNlt' 'n, ,'h! lhh' Nt.t
una ,ll ct to Ne e1,r Of lie l'ig a'.. ~ f"-
COR. 81 .m g. inform Geo. 'poh r,st iatr- a, might be-
good lA,y inter, 10 ou i,ir lu.ne.- n',i fo,ii,i
condition. l. Wv a,i 'e,.i .au aoa, % '.,l j..
tf,'s's, h'i io4li M Asss eeoI he pl. e.h W l.1 90
.. 1.eir -"
In other words, the moment business
which in the beginning was private, grows
u any considerable proportions, those who
established it lose their right to manage it
as they pleased The owner OF little ware
house may charge for storage anything nc
likes, but If hc builds big one and keeps IT
full, his customers may get law passed
compelling him to accept such compensI-
ton as the Legislature may think proper
"a ,s.rntralauI fuIIv ha tr,, ,ltu q.
acter OF this new doctrine we have only Ia
imagine 1t carried out to its full consc-
qucnces A theatre Is opened and spccdil :
becomes So popular that high prices are
willingly paid for admittance. This gives
the public an interest in the matter. and
thcnccfolth the rates Of admission may b,
fixed 10y law. A lager beer saloon like TIE
Atlantic Garden, has great patronage
and therefore It's prOprietors may be com
pclcd a. 81 t,rcr nj tArc" cent. a glass. A
newspaper ~ large clrculatiou Ike Tue SUN
IL OF puhlic importance. therefore is pric.
and ADVERTISING rates become subject o
icg Station. Even popular clergyman
fucha- DrJoHN HALL may have his salary
al. u-t"i at Al ,ny. and the p'w roni- ia h.
chu.cu bo c,,'listn ed hy a gsi-latNc c.aurt
tee. la SHORT, tu.ir i- no oud 90 tn ~. ..,o
tho decision that "prorery does become
clutu, Nln IA public interest when used il
amrnn"r t mike IL Of public consequence
and affect the community ut large and Ii,
only consolation sufferers Will have viii be-
the .oAr"tan That "f they did not wish L
submit themselves IA such interference they
Should not have clothed the public with AZ
htorr-t 70. their concerns"