Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1881-03-24
Opinion Of the Supreme Court Of the
United States.

Opinion Of the Supreme Court Of the G
United states. 4
As defining the public and private
rights by the highest tribunal in the
United States, the decision Of the Su-
preme Court of the United States in
the so-called 'Granger case" is of in
terest.
The quest,on at issue was: "Has the
State of Illinois the constitutional
right to regulate ana limit the charges
Of grain elevators worked in connection
with railroads at ChicagoY and ii led
to the consideration of the whole ques-
ton of public, corporate and private
rights. The State Courts had decided
in favor of the public, and from this
decision the companies appealed.
The following are extracts from the
opinion of the Court as delivered by
Chief Justice Waite, March LIST, 1877:
WHAT A s'BoDY poLITIc" Is
"A body politic,' as aptly defined
in the preamble of the Constitution of
Massachusetts,, is a social compact, by
which the whole people covenants with
each citizen, and each citizen with the
whole people, that all shall be govern
ed by certain laws for the common
good. This does not confer power up
on the whole people to control rights
which are purely and exclusively pri-
vate, (rhorpe VS.. the r. aud b. Rail
road Company, q VT, l43,) hut it
does authorize the establishment OF
laws requiring each citizen to SO con
duct himself and so use his own prop
erty as not unnecessarily to injure an
other. This is the very essence of gov
n ernment, and has found expression il
the maxim, sic utere tuo ut dtienun
: non lpdds. From this source cameth
police powers, which, as was said b.
Chief j ice fancy in the license case
Is How, 5S3,) are nothing more no
i, less than the powers Of government in
herent in every sovereignty.
That is to say, + the powe
TO govern men and things. Unde
, these powers the government regulate
" the conduct of it's citizens, one 'owar
- another, and the manner in which eac
shall use his own property when sue
regulation becomes necessary for tn
public good. In their exercise it ha
= heen customary in England from tim
immemorial. and in this country fro'
its first colonization, to regulate ferries
common carriers, hackmeh, bakers, MI
,e' lers, whartingers, inkeepers, etc, a,
: in SO doing to fix a maximu'n of chart
to be made for services rendered, a
of comnodations furnished, and article
cal sold. To this day statutes are to
found in many of the STATES upon son
IN or all of these subjects, and we TIM
it has never yet been successfully co
tended that such legislation came wit
:. in any of the constitutional prohll
10 tions against interference with priva
- property. With the fifth amendme
. IN force Congress in 1870 conferr'
power upon the City of Washington
regulate the rates of wha
fage at private wharfage at priva
~ wharfes, the sweeping
~ chimncys and to fiy the rates of fe
therefor, and the weis
and quality of bread, g Statutes, 5s
section - and m ls4s to make
' necessary regulations respecting hat
,hle ney carriages and the rate OF fare
! is the same, and the rates of hauling
s6tr cortman, wagoners, carmen, and DIRT
= men, and the rates Of commission
auctioneers, % Statutes, 224, secti
- 2.) From this it is apparant that do
!. to the time of the adoption of the TO
teenth amendment it was suppos
that the statutes regulating the use,
even the price of the use, of private proT
ty necessarily deprived an owner OF his pr
erty without due process OF law.
WHERE THE POWER OF REGULATION REST
"This brings us up to inqnire as to
principles upon which this power OF req
tnn rests, in order that we may detern
p,y what without its operative effect. Look
..',l then to common law, from whence come
Wv. rights which the Constitution protects:
kept fnI that when private property is affec
with public interest it ceases to be ,
- privod only This was sad by Lord Cl
Justice Hale more than two hundred "
ago in his treatise. 'ne Portibus Ma
And has been accepted without objection
an essential element In the law OF prop'
ever since Property does become clot
with public interest when used in n
ner 10 make it OF public consequence and
feet the community at large. When, tn
fore, one devntes his property to a us
OF which the public has an interest IN that
rIT. and must submit to be controlled by
q the public for the common good to the ekten
If. at the interest Of the interest he has thus
q s.a | atai lie ,nav ,xitLdraM his prant by