The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-07-01
THE RAILROAD AND THE STATE.
Judge Brewers Decision in the Iowa
Cases-Knotty Points.


Judge Brewers Decision in the Iowa
Cases-Knotty Points.
CmcAdo, June 30.-The action OF Judge
Brewer, OF the United States Circuit court
at st. Paul, and Judge Fairall, OF the Iowa
State court, granting temporary injunc-
tons against the Iowa railroad commits
siones, is the principal topic OF converse
ton in railroad circles. The officials Of
the Iowa roads are greatly elated. They
profess to believe that when the motion is
argued at Leavenworlh July 5, Judge
Brewer will make the injunction perma-
nent The petition upon which Judge
Brewer granted the injunction sets forth
that the new Iowa law is unconstitutional
and in conflict with the interstate COM
merce law; that IL does not sufficiently
define the ofienses for which il undertook
to impose enormous penalties on common
carriers for charging unreasonable rates;
that il makes the railroads guilty of extor-
ton for making extortionate rates, and for
which penalties are prescribed of not less
than 81 900, nor more than 5000 for
lilc Ifhl Oltlltts anu uON ltrN
S., 900, nor more than $1,000 for
each and every subsequent ollense. As
each shipment is considered a separate
ofiense the penalties would so accumulate
as 10 cause the confiscation of every rail-
road in Iowa. Ii is further averred that
the law, in addition TO the above penalties,
gives shippers the right to recover three
| times the amount OF excess charges on
| II. al H. aNt.rn.,Ffe fn.ei
| Another objection is that the commission-
ers' schedule is made prina iacie evidence
OF reasonable rates, which would raise the
arbitrary presumption OF guilt on the part
OF the railroads without giving them an
opportunity to provetheirinnocence. The
proposed schedule OF rates, II IL charged,
is unreasonable and unjust, and amounts
practically to con,>sation OF the railroad
that the rates adopted by the railroads
May 10, were reasonable and Just.
4 dispatch from Des Moinos says TIL,
point involved in this case, and In which
II is understood the railways depend for {
final triumph, has never been adjudicateC
in the Federal courts. In the famous
Granger cases, which went up from low
thirteen years ago, the power OF the Leg
| lslutuIc 10 tOllliol iltilIuaur, IN " lhhNlmuh
schedule OF both passenger and ir"igh
rates, and TO exercise supervisory powc
over the roads generally, was disputed
The court ruled against the roads. Now
is proposed to test the validity OF th
power conferred upon the commissioner
by the Legislature TO fix rates. 1t
claimed that the act OF making schcdul
is legislative act, and that legislativ
power cannot be conferred by the l.cgisla
lure upon the board OF commissioners
This is point TO he decided, and II ri
be seen at glance that ii is quite diilercr
from the question involved in the Grangc
cases. In case the decision is against ia
board, the Legislature might adopt tart
OF maximum rates and enact II into law, !
which event II would stand. II this cas-
goes adversely, no doubt the Goyemc
will convene the Legislature n soon Q
practicable and urge them to enact Oh
commissioner tariff into law. The situi
ton then would be decidedly interesting
The case will also be tried in the stat
| court