Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-12-15
THE RAILROAD CASE
Decided by the Supreme Court
Saturday.
The Granger Cases Rsealled---The Sylla-
bus Of the 0pinion---lmpOrtant
Precedent Established.

hltentOu. hcicfcuSO was mouo IA sAS
SUNDAY REGISTER to the fact that the court,
in promulgating its opinion, relied on long
list of q. s. Supreme Court decisions, and
espe c ally the granger cases" of Illinois.
These cases, in brief were as follows: The
farmer, or granger, element Of Illinois was
incensed at the Interpretation of the rail,
road law of that State and finally ran
ticket for Judges Of the Supreme Court on
that issue alone The Judges were elected
and decided the cases as the grsngers de-
sired The railroads appealed to the Su-
preme Court OF the United States. which al
frmed the decision. The cases are now
known as the granger cases.
The SUNDAY REGIsTER published a popu-
lar account of the opinion; now, for the
benefit of the legal fraternity and those who
desire technical account, the syllabus is
given, as follows:
SYLLABUS.
/. Railroad companies are common car
riers, engaged in public employment at.
fhcting the public interest. They are sub
ject to legislative control as to their. rates of
fare and freight just as any person who is a
common carrier is subject to such legisla-
tive control
2. Railroad corporations which devote
their property to q use in which the public
has direct interest in effect grant to the
public an interest in such use, and must, to
the extent of that interest submit to be con-
trolled by the public for the common good
as long as they maintain the use; but they
may withdraw the grant by disseminating
the use.
3. There is marked difference between
such corporations as are spoken Of in the
last syllabus and purely private corpora
tons Such corporations may be called
quasi public corporations, and the Legisa-
ture of the State has over their use Of their
property which is so devoted to use in
which the public has an interest, control
which ii does not have over the use OF the
property Of purely private corporation,
over which the Legislature can generally
exercise no control which is forbidden BY
It's charter
1. Though a railroad corporation, by its
charter, is given The power to contract IN
reference to its business, the same as pri-
yate individuals" or is authorized ITO de-
mand and receive such sum or sums Of
money for the transportation OF persons and
property. and for the storage OF property, as
it deems reasonable" or where it is author
ized to carry freight and passengers, charg-
ing reasonable terms" or where by It's char
ter it is authorized to charge certain fixed
rate and it is declared by its charter that
this rste shall not be reduced by the legisla.
ture, and though no right to repeal, alter
CT amend the charter is reserved TO the leg
islature in TIE granting such a charter, still
the Legislature has right subsequently to
establish by a general act maximum rate
of charges for the transportation Of passen-
gers and freight and to make it applicable
to railroad companies who were, when the
act was passed, operating their railroads un-
der such previously granted charters.
). lrrevocable grants of franchise TO cor
porat;ons which impair the supreme au-
ihority of the State to make laws for the
right government of the State must be re-
garded as mere licenses and not as con-
tractss which bind future legislatures, for
no legislature can give away or sell the dis
cretion Of those that come after them, in
respect to matters the government Of which,
from the very nature of things, must vary
in the varying of circumstances.
6. That the right to regulate and fix at
their pleasure the charges Of railroad COM
panies for the transportation of freight and
passengers in one OF the powers Of the state
interest in every sovereignty, to be exercised
by the legislature at its pleasure from time
to time, and therefore one legislature can
not, by charter granted to a railroad com
pany, though it be for valuable considera-
ton, confer on such railroad company
right to charge certain fixed rates for the
transportation OF freight and passengers
and slipulate that this rate Of charge shall
not be changed by future Legislatures. And
if that be done it will not be regarded as a
contract, but is in legal effect nothing more
than license to enjoy this privilege con-
ferred on the corporation for the time, sub
iect 10 future legislative or constitutional
control.
7. II, in special act of the Legislature Of
this State, chartesing company and con-
ferring on it specified privileges exceeding
those granted to other like corporations by
the general law Of the State, there be re-
served right to amend this act by future
Legislature, and the legislature consequently
passes a general act applicable to all the
corporations of the State OF this character
whereby the specified privilege, while not
Withdrawn, is so odified as 10 render it far
lees valuable to the corporation which has
been chartered by this special act. This
no ra~or1a1 nUarrica hX.i tho
legislature of this reserved right to amend
this special act, for by our constitution, Ar
ticle 6, Section 80, it is provided that "no
law shall be amended by reference to its Ii
tie only, but the section amended shall be
inserted at large in the new act" But such
general act is not necessarily in operation
on such corporation which may or may not
be subjected to such law as the legislature
has or has not the constitutional power by
general act to control the corporation in this
respect.
s. Chapter 227 of acts of 1928, passed
December q, 1873, entitled, AN act to es-
charges for the transportation of passengers
and freight, and to prevent unjust discrimi.
nations and extortion in the rates to be
charged By different railroads in this state
for the transportation OF passengers and
frsights on said railroads" is applicable to
all railroads in this state, whether their
charters were granted before or since the
passage Of this act, and it Is binding on all
railroad companies doing business in this
state without regard to any provisions
which may have been Inserted in their
charters. The legislature had constitu.
tiopsl right TO pass this act and no previous
legislature had right to restrain or limit
the legislature as TO take from it the right
10 fix the maximum rate Of charges of all
railroads in the state as it pleased. And
any provision in the charter Of railroad
company purPortiug to restrain the legisls.
ture in this respect cannot &c regarded as a
contract but must be regarded as q mere
license revocsble at the pleasure Of the
Legislature.
Madame Tussaud's wax-works
For many years attracted the attention OF
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