Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-03-08

| Supreme Court, Hon. w. J. Bryan appear
ing as one OF counsel for the State at thu
last hearing. Much interest has beer
manifested in the decision ever since tbs
case was docketed, because OF its proba'
bic Influence in other States.
The Judge sketched briefly the proyi.
| sions OF the law, saying 1t was impossi'
| BILE to fix a maximum rate and classify
freights. He then took up in order the
points at issue between the State and tho
railroad companies. He quoted number
Of opinions, and said that in view OF the
adJudlcations the following principles
must be regarded as settled:
1. A railroad corporation Is person
within the meaning of the Fourteenth
amendment, declaring that no State shall
deprive any person OF property without
due process of law nor deny TO any per-
son within it's Jurisdiction the equal pro-
lection Of the laws.
2. A State enactment or regulation es-
tabllshing such rates for the transporta-
ton of persons or property by railroad
as will not admit of the carriers earn
ing such compensation as under all the
circumstances is just to 1t and to the pub
lie, would deprive such carrier of its pro-
perty without due process Of law, and
deny to 1t the equal protection of the
laws. and would. therefore, be repugnant
10 the Fourteenth amendment to the Con-
stitution of the United States.
3. While rates for the transportation
of persons and property within the limits
of a State are primarily facts to be con-
sidered in determining the question whe-
l,NNy QG
to deprive the carrier OF its property
without such compensation as the Con-
stitution secures, and, therefore. without
due process Of law, they cannot be so
ooncuslvely determined by the Legisla-
ture of the State, or by resolutions
adopted under it's authority, that the
manner may not become the subject of
judicial inquiry.
The last proposition. Justice Harlan
said covered the case in point.
The Judge then proceeded to make an
exhaustive examination into the en-
forcement of the rate prescribed upon
the business of the railroad lines, show
ing the reduction TO amount to $3.50 for
the years 1891, 1892, and 1898, the result
being to show that each Of the roads in
volved would for this period have con-
Quoted their business at a loss, with only
one or two exceptions, and these for only
a short while.
The idea that any legislature, state or
Federal can conclusively determine for
the people and for the courts that what
it enacts i'm the form Of law, or what 1t
its agents to do, is con-
slstent with the fundamental law. is in
opposition to the theory of our institu-
tons.
1t had been contended that the State
Of Nebraska could legally require local
freight business to be conducted even at
IN actual loss, if the company earned on
Its Interstate business enough to give 1t
Just compensation in respect OF its en-
tire line on all its business, interstate and |
domestic. The Court did not accept this |
,iew, Justice Harlan saying:
I'm our judgment It must be held that |
he reasonableness or unreasonableness |
IF rates prescribed by State for the
of persons and property |
which fall within its limits must be de-
.ermined without reference to the bust
ness of an interstate character done by
he carrier, or to the profits derived from
hat business. The State cannot justify
low rates for domestic
considered alone upon
he ground that the carrier is earning
arge profits on its interstate business,
,ver which, so far as rates are concerned,
he State has no control Nor can the
arrier justify unreasonably high rates
IN domestic business upon the ground
hat only i'm that way can it meet losses
n it's interstate business"
Chef-Justice Fuller and Justice Nc
<enna did not participate in the hearing
II in the decision.