St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-03-03
THE RAILROADS.
The Lar Creating the Tennessee Railroad
Commission Declared Unconstitutional.

The Lar Creating the Tennessee Railroad
commission Declared Unconstitutional.
The last legislature of Tennessee passed a
law creating railroad commission to con-
sist Of three gentlemen who should be ap-
pointed by the governor and serve two years,
their successors to be elected by the people
next November and every two years there
after. The law provides that the commits
sion should have jurisdiction over all rail-
roads in operation, and over other roads ten
years after their construction. 1t was made
the duty of the commission to prepare a
schedule OF rates on just basis and carry
them into effect. The commission appoint
ed under this law prepared a schedule
of rates, and the Louisville 81 Nashville
Railroad company fled suit for a
preliminary injunction to retain the COM
mission from enforcing it. In the United
States circuit court on Friday, Judge Baxter,
circuit judge, and Key and Hammond, dis
trict judges, presiding, the court announced
its unanimous opinion in the cause. The
cause was deliberately argued six weeks ago
and held under advisement until Friday. The
railroad company asserted that the law
creating the commission was in violation of
several clauses of both the state and federal
constitutions. The opinion of the court just
announced sustains almost all the positions
OF the railroad company. 1t holds the act
unconstitutional, because it is an attempt to
regulate Interstate commerce. matter
altogether within the control of congress.
The opinion on this branch was delivered by
Judge Hammond. Judge Baxter delivered
the opinion upon the other branches of the
case, and held the law violative of the state
constitution, because, first, by the third
and thirteenth sections of the act, It pre-
scribed severer punishment against the
corporation owner of a railroad than an in
dlVidual owner or partnership owner. He
held that this part of the act also violated the
fourteenth amendment of the constitution of
the United States. Second, the act was di-
rected against railroads alone, while all other
common carriers were not brought within the
provisions of its terms. Third, it further
disseminated against corporations by
providing that whenever they fail
ed to conform to the rates fixed
by the commission they were to be held
prima facie guilty of extortion, but an indi-
vidual owner was to be presumed innocent
of the same offense. Fourth, the act was too
indefinite, as it left the matter of proof of
extortion entirely to the within of the jury,
without any fixed law for their guidance, and
it further required the jury to decide the
questions upon an unnatural and Illegal
basis. The question of vested rights of the
railroad company to charge a maximum rate
under its charter was argued before the
court, but they did not decide it. giving as
their reason that there were so many ques-
lions already determined which were decis-
i've Of the case. This is considered a great
victory for the railroads. The case will come
up again for trial in the United States cir
cult court, and may be carried to the United
States supreme court.