Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-02-08
The RehearIng Decision.

ne commissioners TecenUlX
made their decision upon the petition of the
Atchison, Topeka & Santa Fe Railroad for
rehearing of the cases of Usage City,
Great Bend and Newton against the Atchi-
son, Topeka & Santa Fe Company, made
on January 1, in which the railroad claimed
that the decision was not legal because
made only by two members; that it sought
TO regulate Interstate commerce, and is,
therefore, excessive of lawful authority;
that it was in violation of the chartered
rights of the company; that it was based
upon a mistake as to the company's rev.
enue, and several other mistakes, stated,
as to the company's revenue; that the tariff
rates fixed were unjust to the company and
the people of the State; that the standard
of tariffs in Illinois was not q fair basis for
Kansas, and that the decision seeks to COM
pei the Santa Fe to fix rates over its own
line and the Leavenworth, Topeka &
Southwestern Railroad, which is not
owned by the respondent COM
pany. As to the plea that
the decision sis in violation of the
chartered rights and privileges of the COM
pany." the Commissioners say: "Unques-
tionably the power to fix rates for the
transportation of persons and property is
[by lawl vested in the company, but the
act does not by its terms, nor vet by any
fair implication, vest that power exclu-
sively in the company. The State may, it
has been decided, stipulate in the act con-
ferring corporate powers and privileges
upon a company, in consideration of pub
lie advantages to be derived from the
operation of the company's works, that
such company shall possess exclusive
power to establish and regulate its own
rates and charges for its services. But the
fact that the Government intended to re-
linquish to the company all of its power of
regulation and control in respect to such
matters is never presumed; but the rule
clearly established and firmly adhered to.
casts all the prescriptions the other way.
The power to establish and regulate tolls
for the use of the public highways is a SOW
ereign power, and in this respect at least
railroads are held to be such, and the
State is never held to have abdicated any
portion of this power in favor of corpora
tions. unless the purpose to do so is clearly
expressed in the public law. Besides, the
powers of the corporation are vested in
Board of Directors who are empowered to
exercise the same. In the absence of any
statutory regulation of rates, either di-
rectly or indirectly through some statutory
medium, as Board of Commissioners, the
power to fix rates is exercised by, or de-
rived from, the Board of Directors. In con-
temptation of law, the fixing of rates when
done by the company is a regulation estab-
lished by the Board Of Directors. The
Board OF Directors have the power to estab-
fish bylaws, regulations, ETC., for the
conduct Of the business of the company;
provided they are not inconsistent with
the laws ofthe United States or of this State.
In other words, the company has
the power to fix rates upon its road for
transportation services so long as the State
abstains from the exercise Of the power of
control in respect to the same subject mat
ser. The views here expressed it is be-
lieved are abundantly supported by the
authorities, and by q recent decision of the
United States Supreme Court in the case of
Ruggles VS.. the People. 1t might be added
mere that, whenever by virtue of any pro-
! vision of the charter, or a general law of
he State or Territory granting corporate
powers, the right to repeal, alter or amend
any special charter granted is reserved,
he power and privileges derived from it
are held subject to such power of repeal or
amendment At the time this charter was
granted to the respondent company, such
reservation existed in the general law. Its