, 1890-12-18
A Bill for a State Railway
Commission
WITH FULL JUDICIAL POWERS
An Important Decision by the Su-
preme Court Of the Unit
cd States,

|
this point becomes of special interest,
This decision was rendered by Justice
Blatchford, March 4, 1890 In the case oil
the Chicago, Milwaukee & st. Paul Rail
way Company. plaintiff in error versus
the State of Minnesota, ex. rel. the
railroad commission Of the state ol
Minnesota.
This was n writ of error to review O
judgment Of the supreme court of the
state of Minnesota awarding a writ oI
mandamus against the Chicago, Milwau-
kee & st. Paul Railway Company.
The case arose ON proceedings taken
by the railroad commission of the state
OF Minnesota, under an act of the legis-
laturo OF that state, creating n railroad
com mission and defining its duties.
In reversing the decision of the su-
preme court OF the state of Minnesota,
Mr.. Justice Blatchford says:
''ln the present case, the return al
legged that the rate Of charge fixed by
the com mission was not equal or reason
able, and the supreme court held that
the statute deprived the company of the
right to show that judlcially. The ques-
ton of the reasonableness of rate oil
charge for transportation by railroad
company, involving as II does the e,e-
ment of reasonablencss, both rs regards
the company and as regards the public,
is eminently a question for judicial in
vestigation, requiring the due process of
law tor its determination. If the COM
pany is deprived of the power of charg-
ing reasonable rates for the use OF its
property and such deprivation takes
place i'm the absence of an inyes tigation
by judicial machinery, it is deprived of
the lawful use of its property, and thus,
in substance and effect, of the propert ~
ITSELF without due process of law and
in violation of the constitution of the
United Statesj and in SO far as it is thus
deprived, while other persons are per
initted to receive reasonable profits up
on their invested capital, the company
Is deprived Of the equal protection OF
the laws"
Acting upon this decision. William j..
Gavigan, an attorney OF this city, has
prepared bill which he will submit to
the legislature when IL convenes. 1t
provides for a commission ofthree mem
bers, to be clothed with full judicial
powers and elected by the people for
terms of four years at the next state elec-
tion, the governor to appoint the first
bouy.
Said commissioners shall have the
power, and 1t shall be their duty, to es-
tablish rates OF charges fot the transpor-
tation of passengers and freight by rail-
roud or other transportation companies,
and publish the same from time to time,
with such changes us they may make; to
examine the books. records ana papers
of all railroad and other transportation
nA tAr Ia Ia
shall have power to issue subpenas and
all other necessary process; to hear and
determine complaints against railroad
and other transportation com paues; to
send for persons and papers; 10 admin
lister oaths, take testimony, and punish
for contempt Of their orders ana proc
esses, in the same manner and 10 tue
same extent as courts of record, and en-.
force their decisions and correct abuses
through the medium OF the courts. Said
commissioners shall prescribe q uniform
system of accounts to be keptby all such
| corporations and companies.
Any railroad corporation or transpor-
tation company which shall fail or re-
fuse to CONFORM to such rates as shall be
established by such commissioners, or
shall charge rates in excess thereof, or
shall fail to kIepat theiraccounts in ac-
cordance with the system prescribed by
the commissioners, shall be Iued not
exceeding $40, 600 for each ollense; and
every officer, agent, or empoye OF any
such corporation or company, who shall
demund or receive rates in excess there
of, or who shall in any manner violate
the provisions of this section, shall be
fined not exceeding s., 600, or be im.
prisoned in the county jail not exceed
ing one year. In all controversies, civil
or criminal, the rates of fares and
freights established by said commission
shall be deemed conclusively just and
reasonable, and in any action against
ages sustained by changing excessive
rates, the plaintiff, in addition to the
actual damage, may, in the discretion of
the judge or jury, recover exemplary
damages.
The salary of each commissioner shall
be So OU0 per annum; the salary of the
secretary shall be 81, 900 per annum; the
salary OF the baiiitf shall be 81, 200 per
annum, such salaries TO be paid by the
state OF Washington in the same man.
ner as the salaries OF state officers are
paid.
1t shall be the duty OF the attorney
general and the prosecuting attorney in
every county, on request of said COM
mission, to institute and prosecute, and
10 appear and defend, for said commits
sion, in any and all suits and proceed
ings which they or either OF them shall
be requested by said commission TO in
stitute and prosecute and to appear in
al suits and proceedings, to which the
commission Is party, anu shall have
precedence over all other business except
criminal business; provided, that snld
commission shall have the power to
employ additional counsel assist said
attorney general or said prosecuting at.
torney, or otherwise, when in their
Judgment the exigencIcs OF the case NAV
SO require the fees and expense of said
additional counsel TO DE determined by
the commission, and paid by the state.
All complaints before said commission
shall be in writing and under oath. All
decisions of said commission shall he
given In writing, and the grounds of the
decision shall be stated. A record of the
proceedings OF said com m ission shall be
kept, and tho evidence of persons ap-
pearing before said commission shall be
preserved.
Whenever the commission shall render
any decision within the purview and
pursuant to the authority vested in said
commss by this act, said commits
sion. or the person, copartnersh lp, COM
pany or corporation making he com
pinint upon which the decision was rem
dered is authorized to sue upon such de-
cision in any court oil competent juris-
diction III this state.
Whenever SAID commission, in the
discharge OF its duties, shall establish or
adopt rates of charges Tor he transpor-
tation of passengers ana freight, pur-
suant TO the provisions Of this act, said
shall serve IL printed sched-
ule of such rates, and oi amy changes
that may be in such rates, upon the
person, copartnership company OF cor
nnr1tion utfcCtp1 tnprpby- and nnnp