The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-05-25

axe not as we'll infOllhed dis uhey should
be, because its vast Importance is of
| comparatively recent development and
cases involving it have been rarely tried
as yet at the bar Of Che courts Of this
State-though the subject is ON trial at
the greater bar of public opinion. 1t is
Il matter too upon which every citizen,
be he lawyer or layman, should be thor
oughy informed as to his rights and the
rights of the public.
| shall. therefore, speak to you Tonight
upon The Right Of the Public to Rcgu
late the Charges of Common Carriers
and of all Others Iisch0rging Public or
Quasi-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 | can discuss il with
small reference to the decisions of other
tribunals. | must express my apologies
to the best and fairest jart Of
humanity, who have honored us
with their presence tonight, that ! have
been assigned so dry subject as law
lecture, but | will make them the best
amends i'll my power by OBTAINING them
as short time as possible from hearing
addresses from other lips and on far
more interesting subject, subject that
though old is ever new, and which re-
quires no flowers OF rhetoric to catch the
attention of those who blush at the
praise of their own lOveiness'
The right of the public to regulate the
charges of common carriers, even in
times when the public granted no fran
chlses, 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 necessary and an
unquestioned rule. Twenty-one years ago.
in 1876, the Supreme Court of the United
States was first called upon, pointedly to
review and re-affirm the recognized law
OF the ages that the sovereign possessed
| the right to regulate the charges for SER
vices rendered in public employment. or
for the use of property affected with
public interest. The particular instance
was the cOnstitut.Onality OF an act of the
General Assembly Of Illinois regulating
the charges OF warehouses for the stor-
age of grain. 1t was cOntended that. I'M
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 prop
erty for their use, and hence that the
right to regulate warehouse rates was not
to be placed on the same footing as the
unquestioned public right to regulate the
charges Of common carriers. The underly-
ing principle, 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 i'm
mense interests was brought to bear to
swerye the court from the well 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 principles
to which, with one slight deviation, it
has ever since adhered.
i. Under the powers inherent in every
|.sovereignty, government may regulate
the conduct of its citizens towards each
other, and when necessary for the public
good the manner in which each shall use
his own property.
y. 1t has, in the exercise of these pow
ers, been customary in England from time
immemorial. and in this country from the
first colonization. TO regulate ferries. com
mon carriers, hackmen. bakers. millers. |
wharfngers, auctioneers, inn-keepers, and
many other matters of like nature, and in
so doing to fix q maximum charge to be |
uidut lOT SERVICES rendered. HccOllUOua- |
tons furnished and articles sold.
%. The fourteenth amendment to~the |
United States constitution does not in |
anywise amend the law in this particular |
a. When the owner of property de-
votes it to a use in which the public has
an interest, he in effect grants to the
public an interest in such use. and must
to the extent of that interest submit TO
be controlled by the public.
%. The limitation by legislative en-.
actment of the rate of charges for ser
vices rendered in an employment Of Il
public nature, or for the use of property
in which the public has an interest es-
tablishes no new principle in the law, but
only gives Il new effect to an old one
The opinion was rendered by Chief
Justice Waite and is very able and elab-
crate one. Only two judges out of the
nine upon that court United States SUI
preme COURT dissented from any part of
the opinion. 1t is doubtful If more inn
portant one has been delivered by that
court in recent years than this negative
it then and there put upon this attempt
by one of the great mOnied combinations
of the country to reverse the immemorial
law that the public has the right to reg
ulate charges i'll all matters affected with
public use. The court pointed out that
the very learned and just Lord Chief JUS
tice, Sir Lord Matthew Hale, long years
ago had laid it down it his Treatise de
Jure Maris. that the sovereign could
regulate the conduct and tolls of public
ferries and in his treatise De Portibus
Maris had laid down the same as the rule
Of the common law as to wharves and
wharfngers and as to all other property
and avocations affected by public in
terest," and cite many English and
American decisions, recognizing this to
be a true statement of the well settled :
claw of the land" The court in that case
we'll says that in all such matters ''the
fact is the power to regulate
at all. If that exists the right to estab
ish the maximum Of charge as one of the
means of regulation, is implied. In fact
The common law rule which requires the