Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1886-10-26
Ghe cayuastrr 1utellieeusss
LAsoAsrsR. OCTOBER d, 1876.
The Six 70 Three Decision.

lHe SIX 10 fhree DECISION.
The supreme court of the United States
has made a very important decision upon
the question of the right Of state legsla-
tures to control railroad freight rates from
points within to points without the state,
which denies this right to them, though
most reasonably exercised. The law Of
Illinois prohibits its railroads from charg-
ing greater rate for transporting goods
of like character from a nearer than a
farther point TO the same destination and
Pennsylvania makes a like prohibition.
In the case at issue the charge for trans
portation from Gilman, Illinois, to New
York, was made larger, upon the same
day, upon the same class of goods and by
the same railroad, than was charged from
Ieoria, eighty-siX miles further from New
York, to the latter point.
1t does not seem tn { q more unjust case
of discrimination could be 5 'ated nor one
which it is more clearywithin the power of
q state TO correct. Yet the majority of the
supreme court of the United States denies
this power to the state, upon the ground
that 'this species of gulation is of a gen
eral and national character, and cannot be
safely and wisely remitted to local rules
and local regulations" and this majority
declare that (" the regulation can only ap'
propriately be by general rules and princi-
pies which demand that it should be done
by the Congress of the United States"
The supreme court has not met the
case in this decision. We think
that it was not in the case for it to decide
whether the law of the state was 50 safe and
wise," but only whether it was within its
power to enact it,. 1t is true as stated
by the court that national legislation is
needed to adequately control railroad rates
through the several states; but surely 1t is
not the province of tho supreme court to
say whether the effort of a state in
Tie same duecJlOn IS wise or otherwise.
If a state has power to control the railroads
within its limits that IL las chartered, so
rs to forbid them from discriminating in
their charges between its citizens, it does
not affect this power that its citizens would
be more adequately protected by law of
Congress. 1t seems 10 be a gross outrage
upon common sense to declare that a
state may not prohibit the railroads of
its creation and within its borders
from charging different rates for
the same service TO different citi-
zens. The common law has from time
immemorial prohibited such conduct TO
carriers. The law of the state but re-
declared this fundamental law of cur
!. .vilization.
The supreme court of the United States |
In nullifying it has but Increased the wide |
spread popular dlstrust of its wisdom. II |
has undertaken to make the law instead of |
constituting 1t, apparently unable TO dis |
tiDguish between these ltgis ative and |
judicial functions. 1t might be all |
right for the Congress Of the |
United States TO assume the |
regulation of interstate freight rates
and to withdraw such power Of regulation
from the states; and it would be
thin the province of the supreme
court to declare whether such as
sumption was within the power
of Congress under the constituli n:
but surely it is not the province of the
supreme court 10 act as the Congress, and
not only to decide what Congress may do,
bI. &c declare that a state his lost natural
power of its sovereignty TO the federal
government, before the,federal government
has claimed it 10 the states exclusion from
it.
We are glad to note that the Chief JUS
tice and Justices Bradley aud Grey dis
sented from this decision. 1t is one which
the states should not permit to stand with.
out protest, depriviug them as 1t does of
every appearance OF their sovereignty. 1t
is not for Republican supreme court of
the United States to change the character
OF this federation OF states, in order to free
the railroads from state control, however
iaudable that object may be in the estima-
lion Of such men as GOu,d's man Mat
ews.