The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-27
A Constitutional Question Concerning
Railroads.

Under the statute establishing the pres.
ent Board Of Railroad Commissioners in
this State. all the expenses Of the Board.
which must not exceed $4,000 year. In
Guiding the salaries OF the Commissioners.
who receive $1,000 q year apiece. must be
borne by the several corporations owning
or operating railroads within the State.
So far as We know. the validity OF this
statutory provision. which was enacted in
1882. has never been questioned in New
York. In tho same year, however, n pro-
vision was introduced into the Revised
Statutes OF South Carolina empowering the
Governor Of that State TO appoint three
Railroad Commissioners, ut salary OF
$4,000 year each. and imposing the entire
expense OF maintaining the Railroad Com
mission. including the payment OF these
salaries. upon the railroad corporations
owning or operating lines Of railway in
South Carolina. This law was attacked as
unconstitutional. on the ground that it was
in conflict with that part OF the Fourteenth
Amendment to the Constitution OF the
United States which provides that no State
shall deprive any person OF life. liberty.
or property without duo process OF law. nor
deny to any person within its Jurisdiction
tho equal protection Of the laws" The
South Carolina State courts held that tho
statute was valid and the Charlotte. Column
bia and Augusta Railroad Company. which
had objected to the tax imposed as its share
OF the expenses Of the State Railroad COM
mission. took the question to the Supreme
Court OF the United States for review.
The decision OF tho Supreme Court is.rc-
ported in the last pamphlet number Of the
United States Reports. 1t sustains the
assessment and tax upOn the railroad COM
panies Of South Carolina to meet the ex-
penses and salaries OF the Railroad Commits
sioners. Two members OF the court. Judge
BRADLEY and Judge GRAY. did not sit in the
case. but all the Judges who did sit con-
Cured in tho opinion which was delivered
by Mr.. Justice FIELD. Tho decision is
based largely upon the public character
OF railroad companies and their con-
sequent liability to legislative super
vision and regulation. They enjoy spc-
cial privileges to be used for the
benefit OF the public. and the Legislature
may exercise Its power to supervise them
either directly by means OF positive laws.
or indirectly through the medium OF Rail-
road Commissioners. They are not denied
Cne equal pTOLecClou OI tno laws, NOT ID any
unjust discrimination made against them.
by requiring that the expense OF this super
vision should be borne by the railroad cor
pOrations. inasmuch as the services OF the
Railroad Commissioners are beneficial to
them as we'll as to the people at large. No
discrimination is made by the law in favor
OF any particular railroad company. but all
tho railway corporations OF the State are
treated alike. each bearing only It's proper
tionate share OF the entire burden.
Mr.. Justice FIELD cites number of in
stances In which parties are compelled to
perform particular acts and bear particular
expenses where the public Is Interested as
much as the party In the thing to be DONE
In oil quarantine regulations the vessel ex-
amined Ia required to pay for the examina-
ton. although the main purpose Is to pro-
tect the public against the spread OF infec-
ton. In the draining Of marshy lands to
dlssipate malaria the cost OF the work is
commonly imposed upon the owners or the
property. although the particular object in
draining the land is to protect the public
health. case even more directly In point
is one In which the Supreme Court OF the
United States itself held that it was proper
to charge railroad company with the OK
penses of examining railroad engineer for
color blindness. under State statute which
made such examination compulsory.