Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1888-08-30

Iews Railroad Charges,

Judge tHrTail, OF the Iowa UtoVe courss
takes the same view - Judge Brewer, OF
the United States court - to the power
Of the Iowa railroad commissioners over
- rntes Of railroad charges. The state
~ sivss the commissioners power to
nx fnilroed rates and the judges hold
that such unlimited power cannot be
dslegated to the commissioners because
Is amounts to q power OF con6scation.
Judge Brewer declares that the railroad
rates Of charges cannot be reduced by the
commissioners below rate that will pay
the railroads proper expenses and some
dividend to Its owners.
The state railroad commissioners are
not likely to impose any rates that
In their judgment will not pay such
profit to the railroads. II they are SEN
sible men they know that railroad enter
prIses, like all other enterprises, should
pay fair profit to their owners. There
b therefore no danger that the Iowa law,
wisely administered, will cause confsca-
tion Of railroad property. And there
seems to be a. little doubt that the law,
unwisely administered, may bring about
such result.
We presume that it will be admitted
all around that state cannot conascate
private property without making fair
compensation; and If the law Of the Iowa
legislature is obnoxious to the objection
that It con6scates railroad property, it
may be properly held to be bad.
Evidently however, it produces no such
effect on its face. The state commission
ers are authorized to fix the railroad rates,
with intent that they shall be made fair
to both the railroads and their customers.
The courts now step in and assert their
power to determine whether the rates
that have been made by the commission.
ers are just TO the railroads.
The presumption is that this power Of
supervision exists In the courts. 1t is
their province to see that there Is just
dealing between men; and there Is great
opportunity for their discrimination in
securing just dealing between railroads
and people. These Iowa cases are pecu.
liar In that the courts are appealed TO for
defense by the railroads against the state
that has created them. 1t is forum
into which the people of Iowa may be
glad that their railroads have invited
themyelves.
They have not got that far as yei
down this way. They never get into
court here of their own motion. They
have power enough to take care of them
selves. We shall be very glad indeed
when we fud them so weak AZ to appea
to the law for their protection. We shall
be very willing that they shall get al
that the law can afford them.
The Iowa railroads have secured moth
4 ing by the decision, 80 loudly fourishet
% in their favor, but a declaration tha
they have right to live, and that they
may appeal from the state commissioner
to the courts to declare whether the rate'
of charges imposed by the state commits
sioners, are just. In Iowa it takes stat
commissioners and courts to determine
whether railroad rates are fair. In Penn
sylvania It takes only railroad directors
II the Iowa railroads are happy owe
this situation, the Iowa people may be
Aud perchance some day the people o
Pennsylvania may be as well protected
against railroad robbery.