St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-04-21

legislature fixes the rates directly or IN
directly through commission.
The most important point in the case
is the claim that the power to regulate
rates is legislative, and that therefore
the act is void because it delegates legiS-
latlve power to a commission. 1t has
been said by this court in former case
that the legislature cannot delegate leg
islative power Except as regards munic-
ipalities). But 1.-The authority that makes
the laws has large discretion in determ-
lining means through which they shall
be executed"
1t is not every grant of powers involv-
ing the exercise of Judgment to execu-
tive or administrative officers that
amounts to delegation of legislative
power. The difference between the de-
partments is that the legislative makes,
the executive executes and the judiciary
CONSTITUTES the law: the maker of the law
may commit something to the discretion
OF the other departments, and the pre-
else boundary of their power is sub
Ject OF delicate inquiry into which a
court will not unnecessarily enter.
Weyman vs.. Southland, 10 Wheat. 46.
The principle is recognized by all courts
that the legislature may authorize others
to do things which it might do itself.
All laws are executed by officers APP
pointed for the purpose, and their pow
ers often necessarily involve the
exercise of discretion and judy
ment, investigation and determine
ton. This must be so if the legis-
lature is to be permitted to exercise
effectually its constitutional powers.
The opinion goes on to say that mod
ern legislation has usually taken the
form of creating boards of commissions
entrusted with general supervision over
railroads. Our legislature has gone a
step farther than most others, and has
vested our commission with the power
to determine what rates are reasonable.
This is not delegating power to de-
termine what the law is. The court does
not see that the legislature has tran
Scended its constitutional authority.
1t had the undOubted power to fix
these rates at whatever it deemed equal
and reasonable, but what is equal and
reasonable depends upon an infinite
VARIETY OF CIRCUMSTANCES.
What may be such on one road or for
one kind of traffic may not be so on an
other road or for another kind. What
are reasonable one month may not be so
the next. For popular legislature that
meets only once in two years, and then
TOT Sixty days, TO attempt TO Tx rates
would result only in the most ill-advised
and haphazard action. productive of in
Justice alike to the railway and the pub
lie. Such power can only be exercised
satisfactorily by board or commission
constantly in session, which can fix rates
with reference to the peculiar circum-
stances of each road and each particular
kind of business, and which can change
or modify these rates to suit the ever
varying conditions of traffic.
SUPREME COURT.
Several decisions were handed down
in the supreme court yesterday. They
are as follows:
Hendrick Carlson, respondent, VS.. Du-
luth Short Line Railroad Company,
appellant.
Syllabus-A clause in deed from the
st. Paul & Duluth Railroad company to
plaintiff in the words Preserving, how
ever, to the said 'grantOr' a strip of land
$50 feet wide, and any greater width
where necessary for a right of way"
etc, held to be simple reservation and
not sufficient in connection with certain
allegations of the complaint to warrant
the defendant in taking possession of a
strip of plaintiffs land and building its
railway thereon. Order affirmed