New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
POWERS OF A STATE.
nrrrsroys or THE SUPREME COURT.


Granger cases, the first being that OF IRA l. MUM
and George l.. scott plaintiffs in error, against the REQ
pie OF the State Of Illinois, in error to the Supreme Coe
OF the State Of Illinois Mr. Justice Waite delivered the
opinion OF the Court The question to be determined IN
this is whether the General Assembly OF Illinois can
under the limitations upon the legislative power OF tbe
States imposed by the Constitution Of the United States
ix by law tho maximum OF csrges for the storage Of
grain in warehouses at Chicago and other places III inc
state having not less than 10000 inhabitants, In which
grain is stored in bulk and in which the grain OF amer
owners mixed together, or in which ram Is stofe
i'm such manner that the Identity Of the different ots
or parcels be accurately preserved 1t Is claimed
that such law Is repugnant-
FIjs To that part OF Section 9, Article OF The Ton
suon OF the United states, when c0nicis upon ,Oi.-
grcss the power to regulate commerce WIN foreign I'D"
tons ana among the several states -, 800 ,.i,,,
Second: 10 that part OF section of the same article
which provides that no preference shan be gwen ~
any regulation Of commerce or IeveAu1 20 inc Po' VI
one state over those Of another"
mira: To that part OF the Fourteenth Amendment
which ordaus that no state sh1ll deprive any i'i SOL
Of fe liberty property without due process OF l9W
deny TO any person within It's jurisdiction te equai
Ne vii consider the last OF these Objections first.
Every statute Is presumed 70 be constitutional 1hJ
coult' ought not 70 declare one 20 ne
unless II clearly If there Is doubt the Expressed
viii OF the Legislature should he sustained INC Cnll5H-
tuition contains definition of the wort deprive ~
used IN the Fourteenth Amendment, 10 detcIIhhe 's
c1 ct which usage has gwen It when employed in the
or like connection
POwERs or A STATE.
The Governments OF the States now possess all the
powers Of the Parliament Of England, except sch as
have been delegated to United States reserved by
the pcope The reservations by The people are shown
I'm the prohibitions OF the constitutions WAeh one DE
comes a az society he necessarily paris WIZ
some rights or PRIVILEGES Hl.cH d az 49,, rsnin
affected 10y his relations 10 others nc Hll-h, -, o
b.dy potjr" as auly d,incd in the preamble OF me
Constitution of Massachusetts Is social .,,i i ~
which tn" whole people covenants IN r' NH he Gov
each citizen with the whole people tit an 5hiH pc -
EN- by certain laws for the common good rms u1ts
not confer POWER upon the whole people 10
yI,ru are purely and exclusively Pryaic Inol~ h4t'
Toe X. ana b. Railroad Company! :, IT., iIr,; va, h
docs authorize the e-aDllSlmcht "I 'dMS 49,. ,r,,,
citizen - SD conduct himself and 50 use ms own P"I
erV as not unnecessarily to H0"Ie ah",h5I, ~ mi
tine very essence OF gov mn, , ,1 ,j,.,,,n nom
czpr, sSion IA the maxim, N'r "eFr gre ." H',," , Dr
Llld0S. u has been customary lH l-"ci'a IN
ouiZatIor 10 regulate ferries, common carriers hacInrh
bakers niilers, wharfngerS' lmktepei', a. - anu "a ~
rendered. accommodations furnished, ana dt'i.,' .
10 this DAY statutes 20 DE iouhd ~ many Oh tLE
lt.s upoi some or al o these Subjects, ana We Ihh
f. has never yyt been successfully concntod tnat SHch
Legislation came within any OF the constitutional prolol
ICONS against interference Win private li9P'i3' nj,
he amendment does not change ne law III ~ ',TiGb
will operate 40 ,ucu % deprivation.
COMMON LAW RIGHTS.
Looking 10 common law whence come the HGhts
" hch the Constitution protects, we find That when
uliyate property Is affected with public interest IL
coast. 10 be t,ris prre only. This said by Lord
j
been accepted without objection ~ an r5 initial element
ina an, law Of property ever since property 1' ht "c
come clothed with public interest When used - man
nrr % make it OF public conNr hence ana aA''. i' ON
MN ~ al large When, therefore, one dcFotcN ms prop
Crt, d MS, in wh.rh tie public has az interest A' IA
mus; submit 20 he controlled by thn public fnr the common
good. 10 the extent oi the ht"ie, ne mas mus 'ir''
II remains To ascertain VIII 'h.f The N.'if5u',' i 80
lluG, N ana the business when Us ttIi'" Oh
lhore within the operations o M Ft-hy.lH,
The trade in gram Is tti.,H on ~ ID, 3 y,,, ,r
ay, or eight of the IIcd, states 81 iar west WIN '
or five 81 tie state, n2 Oh the s'iah"i ana iolIiH We
largest part OF mi"i-Statr tohlut'!, J." ','
grain elevators or warehouse" IN t'i-o ile ,lnih'ist
structures holding rom 3Jyoop 10 l,o"",D pdl''I t tt
one tnr II las been iou!d Impossible 20 I.7e We ia,
.y- q ain scuarIt and thus Ea- -N'nll'c t1a stem
. - is I!Ii[r. ana r.r,uts i-s lor the number 81
bushels When m, negotiable and redecmable in ike Kind
Tn o2y,lsIp Of the elevators has been by private in
dividll's. who have embarked th'. 'tWla ana GC'p'td
1'u, II il apparent tia; all the c.oyaing fla it,s
through which tlr~a Vast productions OF seven or cSht
live Of tie s,1y~ on ne .r',!oIt ~ ' " y =, . mo
uur.Iy Under such ci!ciHa',nr'' Is Nh'll 10 s.e
M r. on the musc,lcr on tie "hdri-o-, "i the Alrkh'y
,oachuon pur,u"s pu1he e,pg 'iIh' ana g.',,'
lnrv stand t. use again tle language ~ their counsel m
ID. It.r gateway If commerce ana i"r iou RON al
vino piss. I1cr business most ert'"HF - tends 10 a
common charge, AM is become tang OF ubc interest
and us O." Every h>'rl Ui gram i'i u.s. passage pays
IN. 10 Ilrd Halle. ever, such walghou,cnan ol-h to De-
udcs pubic regulation VIZ t"'' ne ''No''' I,''HA'
STAFF CONSTITUTIONAL PROVISION.
also ara NOT permitted overlook the tact that o~
som. reason the people Of Illinois, when they revised
their Constitution 1870 &c 10 make it the duty OF
tnc neral Assembly 10 pass Lass ior the protection
o, producers shippers end receivers o! grain and pro-
duc,." This indicates very clearly that during
tire twenty years in which th' I'cId "NIAS- ' oc"h
1,>uuliu H. present " immense proportions, something
hat occurred whcI led tie whole body Of The people 10
sup that remedies .uch a. are usually empoycd To
prevent abuses by virtual monopocs might not be al
pruurltc mere. For our purposes We mast assume tit
II STAT. ul facts could exist that wouid justify such
legislation. Il actually dd exist when me r''tu'' no"
under consideration was passed or lis h' question Is
one ~ power not OF a. pcicnOy. II no state oi crcun
stances could exist to justify suc statute lhc! mas
uowtr OF the state bus i could We must presume it
the scope Of legislative power the Legislature is the ez
NATURE OF TIE REGULATION.
There Is no attempt to compel these owners t. grant
the public an interest thrr property; hut 20 declare
their cations l; they use 10 in this particular manner
Il matters not IN this that tn plaintiffs in error had
built their warehouses and established their business
before The regulations complained Of adopted
what they dla from the beginning subject 10 the
pgTcr OF the suca Gq rsn EG as mht e be- a 10
li,lrd by the proper authorities fox the common
."yilcd themselves win tic means 70 carry II on SAD
beet 10 tn!s condition II they di4 hot VISA 20 Submit
thcmscyrs 10 such interference, they should Eot have
clothed the pubic lth an i"'c'7' III t' .,
Tye controlling iaCt Is tine power 10 regulate al al II
that exists The IlEl 20 t>anH.i INC hAihd "a tH!Sc
as on. Of the means OF regulation Is iHn;'L
The great Office OF statutes d. to remedy 'tccts IN tue
common they ale developed, dAd 70 ADAPT II 10
thc changes Of tune ana clItihSI'I,,5 70 ..'ll me
RATE OF charge for services rendered ~ public employ
Innut or for the use OF property IN which The pablo hg
~. interest is only changing regulation which existed
hrf,r, II establishes new Principe in the law, but
huf only give. n new effect TO an old on.
OTHER OBJECTIONS ANSWERED.
After what has already been said il is unnecessary to
refer at length effect OF the other provision OF the
Fourteenth Amendment which Is relied upon, viz, that
no state shall deny to person within IT, jurisdiction
tbe couaI protection oi the laws" We come now