The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-23


involved here. and now. relates ehci"-
sivcly to the right Of a state Legislature
10 take hand in determining the towns
upon which a railroad may transport pas
scnxers and freight within the limits OF
that state. and the question does not
turn upon the power reserved IN '"e
charter Of railroad by the Legislature
of the State 20 alter. amend. or repeai
II at its will. IL turns upon the haNeu
question OF a States inherent power 10
deal with the business that railroad cor
poraiion conducts. and. I'm the cases that
have gone 20 the Supreme Court OF the
United states 40 far, the claim OF the
railroad companies has been based upon
the fourteenth amendment 20 the Consul
tuition Of the United states. which for-
bids a State to make or enforce any
law deriving a person Of his life, liberty
or property without due process oil law
Tho railroad companies have claimed IN
those cases that the legislation COM
planned OF robbed them OF their property
under The guise OF regulating their rates
The doctrine so far announced py 'he
court Is that the regulations imposed by
the states must be reasonable regula-
lions. and II sescrves 10 itself the right
and power to say in each case whether
the law complained OF is reasonable or
not
II this doctrine is adhered to. the ques-
ton presented By the present case VIII
be a very narrow one. and easily deter
mined. but as the personnel OF the court
is entirely different from what II was
when this doctrine was rut out. IL IS TO
be hoped that the whole subject VIII
come under review again, and that doc
trinos more IN consonance with the true
Institutions OF n constitutional republic
Will be announced.
TIE present doctrine Of the court rests
upon the proposition announced by
ten or fifteen years back In the remark
able case Of Mum vs.. Illinois. IN which
Il said that the State mad all interest IN
the business Of every citizen II IL has n
business Of public nature and that the
state had a right. therefore, to regulate
tire way in which that business was con-
Quoted. and 10 determine the charges that
Il should make. The case came before
il upon a law Of the Illinois Legislature
fixing the rates that the proprietor or
grain elevator built wholly with his own
money. should charge for storing grain
The court held that storing grain was
business Of a public nature n which the
public had an interest, and that the
public had q right, therefore, to FIX TIE
rates upon WHICH the business should be
done. as being joint owner of It, All
reasonable men asked themselves as soon
as this doctrine was announced. where is
the line to be drawn? II storing grain
is public business why is not also run
ming a line Of hacks. keeping hotel, sell
ing groceries and dry goods. and all other
private businesses. in fact? And If all OF
these businesses are subject TO the con-
troll Of the Legislature-if it has the
right to say what q clothlor shah charge
for his coat. or a grocer shall charge
for a pound OF sugar-where is our boast
Cd government of constitutional limita-
tions? II that is the kind of govern
mcnt We have. our state Legislatures are
supreme. and every man holds his most
precious rights subject TO the will of
corrupt body that may be engineered
by bribery into States legis-
lative halls. This doctrine was an
nounced about the time that the Granger
movement (the Populist OF the day.. had
~. I'D g
had bent before 1T instead Of resisting
IL as IL has fought fres silver. Its expo
nent was chief Justice Waite, who had
some Populist doctrines. and who deliver
cd the opinion of the court. The income
tax and the free silver movement have
demonstrated 10 every man how impor-
tant il is that all these revolutionary
steps towards socialism and communism
shall be stornly met and combatted wher-
ever they are taken. and IL is. therefore,
10 be hoped that when the case We have
referred TO comes before the Supreme
Court. the same bold and searching in
vostigation and analysis will be given 10
it that was given to the income-taX case,
and that the court will declare that the
whole doctrine is socialism. pure and
simple. and radically at war with the
idea of a constitutional republic, IN
which every man has fill and complete
opportunity 10 improve his own situation
i'm every fair way. and to be protected by
tho whole power Of society in what he
acquires by his own energy thrift, and