The times. [volume] (Richmond, Va.) 1890-1903, 1894-06-10
-. .rO,,,rg N. Texa, railroad

n, the law creating the Texas Railroad
| Commission. The right OF the state no'
| only to create a commission Tor me ga, a.
| IN. charges TO be made by them was
| broadly affirmed. To the suggestion that
| the State or It's commission might IIN
| rates al which the railroad companies
| would 40 business at a loss, the Supreme
| Court replied that 1t would not assume
/ that a State or its agent would DO aig
| thing in violation OF the purpose OF .n vs.
| law. Yet I'm this very case IL was m ns'o
| that the rates were unreasonable. o ~
section OF the law provided penaitlese ia
| the violation OF the rates Of duties n .Her
! by the commission, and another ,ss,,ssion
| made the rates fixed by the com 49,,
conclusive as between the railroad COM comis
| pany and a shipper The court heiu, me he
| two sections TO be unconstitutional ,ie
cause the rates fixed were unr.aso nors,i
| The Supreme Court aihrined we tow re-
tutionaliiy of all the rest OF ine court
versed the decision OF the low. rom
which restrained the comin'S5si.gtnns and
| the discharge Of It's genera ,,sar court
affirmed Lhe decision, Con 81 ' from enforcing
| IT'S present rate OF duties. Inc COST 20, 70
divided and the commissiok aos which
J arrange another schedule OF IdteS
| should be reasonable
We cannot help feeling tnat t"e %
nresne Court OF the United STATES nus
| fallen far from the great estate IL heiu
n-,or 20 the war It's decisions then were
| - - 90 correct constitutional principles
a. .ho noedle 10 the pole. But from the
/ ho.tr,trg NJ the war until now II has
veored and steered and set its sails 10
! catch the passing breezes. until we have
| feu, conOns left us for constitutional con-
struction. and those who love the theory
of our Government in its pristine SIM
nItc,ty and beauty are forced 20 go TO the
original sources for inspiration and KnoWl-
edge of what II really Is.
What is the possible sense OF the fore
going decision? The substance OF II IS
that a stae may lawfully create railroad
commission. which shall have power TO
make rates for the railroads But those
rates must be reasonable rates. II they
are unreasonable rates the Supreme Court
saws the commissioners will be enjoined
from enforcing them. II they are rea-
sonable rates the commissioners Will be
allowed 10 enforce them. But who is to
be the Judge Of whether they are reason
able or unreasonable? TheSupreme Court
of the United States is the final arbiter
of that question. Every rate that is fixed,
then. IS liable 10 be carried there. This
looks like a petty trifiing with the subject
II looks like running with the hare while
holding with the hounds. 1t is conces-
sion TO the Populistic demand for con-
hscation of railroad property while cast
ing an anchor to windward for the rail-
roads, a course most unworthy OF that
great tribunal. These railroad commits
sions are a fruitful source of injury ana
Generalization to the people. They have
never had the proper effect in controll-
Ing the railroads, but they have made the
railroads spend money lavishly in cleo
tions TO debauch the legislatures so that
the railroad laws may be made as beara-
Bile as possible. The laws creating them
should be all entitled Acts TO invite the
railroad corporations to debauch the cleo
tons Of the people They should all be
repealed, and the railroads should be left
to conduct their business as all other en-
terprses are conducted under the opera
ton of the law Of supply and demand.