The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1897-06-01

Speaking TO young lawyers the ad-
dress should properly be upon some
legal subj oct, yet it might not be easy
to find one upon which you are mot al
ready well posted by your excellent
instructor. II occurs to me, however,
that there is one upon which many
practicing lawyers even are not as we'll
informed as they should be, because its
vast Importance is of comparatively
recent development and Eases inv0lv-
ing it have been rarely tried as yet at
the bar Of the courts of this State
though the subject is on trial at the
greater bar of public opinion. 1t is a
matter, too, upon which every citizen,
be he lawyer or lsyman, should be
thoroughly informed as to his rights
and the rights of the public.
l shall, therefore, speak to you TO-
night upon tine Right of the Public
to Regulate the Charges Of Common
Carriers and All Others Discharging
Public, or Q lasi Public Duties" The
decisions on the subject by
THE SUPREME COURT OF THE UNION
have been quite uniform and have so
thoroughly illuminated and settled the
whole matter that I car discuss it
with small reference to the decisions Of
other tribunals. 1 must express my
apologies to the best and fairest part
of humanity who have hOnored us
with their presence to night that I have
been assigned so dry q subject as q
law lecture, but / will make them the
best amends in my power by OBTAINING
/ thea as short a time as possible from
hearing addresses from other lips and
on a far more interesting subject, a
subject that though old is ever new,
and which requires no flowers of rhet'
ORIG to catch the attention of those who
'rblush at the praise of their own love
liness."
The right Of the public to regulate
the charges Of common carriers, even
in times when the public granted no
franchise, and conferred no right Of
eminent domain, is far older than the
common law, older even than the civil
law and was recognized by both as a
necessary and unquestioned rule.
wENTY ONE YEARS AGO, IN 1876,
the Supreme Court of the United
States was first called upon, p~ointedly
to review and re. affirm the recognized
law of the ages that the sovereign
possessed the right to regulate the
charges for services rendered in a pub
lie employment, or for the use of prop
erty affected with a public interest.
The particular instance was the con
s~titutionslity of an act of the General
Assembly of Illinois regulating the
charges of warehouses for the storage
of grain. It was contended that un.
like railroads and telegraph companies,
the public had conferred no franchise
by an act of Incorporation, nor used
the right Of eminent domain to take
private property for their use, and
bence that the right to regulate are
house rates was not to be placed on the
same footing as the unquestioned pub
lie right to regulate the charges Of COM
mon carriers. The underlying princi-
pie, however, was held to be broad
enough to embrace the public right to
fix and control the charges OF grain
warehouses. Though the pressure Of
immense interests was brought to bear
to swerve the court from the we'll
beaten track by the aid of the ablest
and most skilful members of the bar,
it firmly held to the principles which
have always been law among Anglo.
Saxon people. The court laid down
the following principle to which, with
one slight deviation, it has aver since
adhered:
II. Under the powers inherent in
every sovereignty, a government may
regulate the conduct of its citizens to-
wards each other, and when necessary
for the public good, the manner in
which each shall use his own prop
erty.
"2. It has, in the exercise of these
powers, been customary in England
from time immemorial, and in this
country from the first colonization, to
regulate ferries, common carriers,
hackmen, bakers, millers, wharfingers,
a~uctioneers, nn.keepers and many
other matters of like nature, and in so
doing to fix a maximum charge to be
made for services rendered, accommo
dations furnished and articles sold.
So. The 14th Amendment to the
United States Constitution does not in
any wise amend the law in this par