The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-08-13
COMMUNISM ON THE BENcIf.
The United States supreme Court on Private
Propcrty-A Notable Dccision.

the country is confronted by the danger Of Com
munism. presented quite ~ boldly by lIaycs's
special friends at the Cleveland Convention az
by the railroad laborcrs who. in moment Of
pass ION and despair. undertook. tn" other day.
10 settle by force the question Of their wages, it
is well to look around Us and see how far this
political ulcer has spread. With this view. |
call public attention to a recent decision Of the
United States supreme Court. delivered at its
last October term. in the case Of Ira Y. Mann
and Geo. l.. Smith. plaintiffs in error, against
The People of the state Of Illinois. The doe
trine OF this decision il SO startling and its
consequences 50 momcn,ous that it is hard to
see how it could have escaped up to- this time
the attention Of the press. Chief Justice Waite
delivered the opinion Of the court. but Mr. jus
tce Miller was the person who principally in
spired 1.-THE same individual who was the
ruling spirit Of the electoral inluity Only
two out Of the nine Justices dsscntcd- JUS
tccc Field writing the dissenting opinion.
The question 10 bc determined, ~ stated by
the court. was whether the General Assembly Of
Illinois could. under the limitations upon the
legislative power Of the States imposed by the
Constitution Of the United States. fin by law the
maximum Of charges for the storage OF grain in
warehouses at Chicago and other places in the
State. having not less than 100000 inhabitants
the grain Of different owners is mixed to-
gcthcr. or in which grain is stored in such II
manner that the identity of different lots or par
GELS cannot bee accurately preserved
Mum n Scott in 1862 constructed their ware
house and elevator with their own means upOn
ground leased hy them for that purpose: aud
from that time untilihc Hing OF the information
against them transacted the business Of receiv-
lng ana storing grain Tor hire. The rates Of
faIN Ila la -fHtN.
ll~iod 10y Arrangement with the owners of diff
irrcnt elevators in Chicago. and We're published.
In 1870 TIA" state Of Illinois adopted new Com
stituiiuh. ana 10y II alcl"Natura or stOrciiuus"s
where grain or other property II stored for "a
compensation whether the property stored bc
kept separate or not, arr declared To b" public
warehouses In April. 1871, the l. 'gslature Of
the state passed AN act To- regulate these warc-
houses. thus declared To- he public. ana also the
warohuusiug and Inspection of grain. l}v thut
az" puhIic warchuu.cs. rs defined in the Cunstl-
tutipu were divided into three GLASSES the first
ui which embraced all Watchous. >. elevators. or
grunari"s lo'utrd in cities having not less than
one hundred thousqnl inhabitants. in which
grain was stored IN bulk. and tho grain OF diff
fcrrnt owners was mixed together or stored in
such manner that ia" identity OF different lois
Or parcels could not bc accurately preserved.
To this class the elevator Of the defendants be-
lQngcd. The act prescribed maximum of
charges which the pr"pri' tor oi the WAREHOUSE
was all' we'd 10 rhnfg" and II required him To
procure from the Circuit Court of the county "a
license To- transact business ~ public ware
huu-H IMAM. and To give a bond 10 the people Of
the state IN the penal sum of ton thousand dol
lars for the faithful performance OF his duty,
and Tor his iull complianc With all the laws Of
thn stat" ia relation thereto.
Mum SOFT. claiming the rightto charge for
the use Of their property such sums ~ they saw
IT, and denying the power oi TIA" Legislator" To
ia prices Tor IT, u,e and their services in con-
n"cttpn herewith. refused TO comply with tho
ar ~ taxing out tn. license and giving the
bond required but continued 10 carry On their
business and To- chargo such prices IT, ihoy had
been dvu7tpmvd Ia rharS" For this they We're
pros" .utcd and lined. and the Judgment wis al
irm'd 10y the supreme Court Ot the State Of
Illinois.
The United States Supreme Court now ai1lrms
the validity ~ this legislation. The majority Of
the Ju~tir,- say that statutes regulating the use
or even the price of private property are not
necessarily acts drpriving an owner of his
property without due process of law. This power
"l regulation - claimed IN respect to private
interest. They say;
rroncr', doe. heconc clothed with public interest
M ',1 ~ ", n..,t 10 mas ~ o. put', coneruenc'
n votes Pa, pr efts n . u,, 900 which thc luD, has
20 thni u-e ttA must submit D., couita.. D., d. ui
he Ter t' common soo to the extent of the interest he
has thu. cl' aicd
following ONT this line ~ reasoning and The
authorizes el',i. III" court holds that thn owners
of ih" elevators are In Ike eas" with tho CONF
IN ~ trl'r' ti' M ll,' ll' i'rryuhn tIr hack
n"y ruh'hinnu, and whnrfng"r thnt their bust
nr-- AZ tr"pririofs of TIE elevator is clothed
WIN publ interest aud ceases to be- JU,',s pr.-
rd'' only: that il is business ia when the
whole publ" has direct and positive interest.
pouti,' nny establish for tho common cool.
If TIA. doctrine Of the United States supreme
short of absolute Communism. A. Is well said
IN the di~~' nflng opinions
The De- hrlnon ue Hanoi. Constitutional is7l that
deemed pul' institutions I,,. nof max, th,in 81. rl.
~, ,n.1, t.- 81 a, -u , .. ... ~
al'hns a ihi, warrhou~r rncrr D.. uo .u.-l. in me
wn, l .3 A., 'e,a-. rT,y9 g, , , ' .n,
o. ,ls tran.HDt.t tailor. ,r -iltalltkDr~ shop
W.l.l ''i trt ~, PIN a., ,hai ,r ven u'u-' tn'