Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-10-30

Important 90 Commercial Travel
Iors.
- telerranh b tns plspa.ch.l


WAsHISGTOS. October 2g.-The Supreme
Court to-day affirmed the judgment Of the
Supreme Court OF the State Of Georgia IN Toe
case n the Georgia Railroad and Banking
Company, plaintiff So error, against TIE
RAILROAD Commissioner 81 Georgia. The
commissioners, By the authority ~ the state
legislature. prescribed what sh0nld he rea-
sonahle and Just rste- OF transportation sud
the railroad company brought an action
against them. claiming that the rates esta-
Dlishod constituted an impairment OF TIE
contract between the state and the company
iis charter granted in 1888 having given u
the exclusive right Of transportation over
r0ads O. might construct, provided its trsnss
portation charges did not exceed certain
fixed rates, The Supreme Court, in 40
opinion Uy Justice Field, says that the re-
served right OF q state TO regulate
the charge by common carriers can
not Ice taken away except by 4 con-
tract expressed in clear and unequivo-
oal language. The charter Of the company,
the court holds, simply provides that Tue
c0mU1uy slau have exclusive right 10 carry
passengers and merchandise over its roads so
l0rZ a. the maximum rates specified are not
exceeded. 10 contains no stipulation nor Is
suy implied as 10 any future action OF Inc
Legislature. II the exclusive right remain
undisturbtj there can he no just ground OF
complaint that other limitations than those
expressed ATE placed upOn the charges au-
tlorizrd. Il y you'd require much clearer
language than this TO justify the court IN
holding tbat, notwithstanding the altered
conditions OF thc country IN the future. tne
LEGISLATURE bad contracted that the COM
plny might charge for transp ortanon OF per
son, and property over It's line Tor all time
no 20 The limits there designated.
In an opinion rendered by Justice Brad
lov in ihe Qummer-tax case OF william
G.. Asher Vs.. the State Of Texas
the Supreme Court n the United states to-
DAY declared unconstitutional all state laws
IMPOSING q liceH-e-faX upon commercial ira
yellcrs not residents OF the state imposing
the tax. Asher was q resident Of New Or
leans. and while solii1- good. by sample u
Ttv.s sas arrested aud lucd ior Violate
~ tlc state lass making ia mls1emeanor Tor
any ucr-0n 90 DO business IS o commercial
traveller without having tr,t taken out en-
occup4t 0u-tax. Asher contested The consi-
mgonaUty OF tot, statute, taking The ground
tI.t il was Iepugrant 20 the clause OF tne
Constitution giving Congress the exclusive
ri.ht 20 regulate interstate commerce. The
state court deciding AGAINST him, Asher ap-
pcaied 10 thc Supreme Court, which io day
gave a de- sion n BIS favor The court
in its opinion says that 10 sefs no
difference between tbs and The Robbins'
Tennessee case in which the State law wax
held 10 be- unconstitutional. As 10 the cons
t,ntiou II Che authorities II TcX1, that the
decision 90 the supreme Court 10 the Rob-
bin. case wa, foo conflict win prior decisions
o. the court. Justice Bradley very dfy'y
ssy- that even were this true. the court has
always supposed ihat tie stter decision has
the eaecl oi oyerruIng any PRIOR decision
with which % may NOT be in harmony. Tie
court tuen SAYS: " We do not propose 10
cut,r into renewed discussion OF TIE matter
at Obi. time
Tie court reversed the Judgment OF the
state court. with costs, add rcmandcd thc
c1.c with instructions 20 discharge The plains
uGin error from the imprisonment COM
nLIned VI.