The times. [volume] (Richmond, Va.) 1890-1903, 1898-03-08
Allows The Taking Of Testimony
Without Process of Law.
ONLY AFFECTED STATE TRAFFIC.
No Legislative Body Can COnclusively
Determine That It's Laws or What
It Authorizes It's Agents tO DO is
ConStiiutiOnal---Ca Bal
anCc on State or Inter
state Traffic.

WASHINGTON. March 7.-Judse Har-
Ian IN the Supreme Court to-day rendered
an opinion in the Nebraska maximum
freleht rate case. holding the Nebraska
law to bc contrary to the fourteenth
amendment in that it authorizes the taxi
ing Of testimony without process of law.
Justice Harlans opinion affirmed the
opinion Of the Circuit Court Of Appeals
OF the Elghth Circuit which was against
the Maximum freight rate law and favor
able 20 The railroads.
This case was instituted to test the
validity Of law passed by the Nebras-
ka Legislature in lS9} prescribing the
maximum rates for the transportation of
freight hy railroads within The STATE.
The act applies specifically 10 freight
whose transit begins and ends in tho
State and there was no effort in it's en-
actment 10 control Interstate freight.
OTHER STATES
The law was attacked on the ground
OF its c0nsututiona,ity The case has
been twice argued In the Supreme Court.
Much interest has been manifested in the
decision ever since the case was docketed
suling in other States
The Judge sketched briefly the provis-
ions of the law. saying IL was impossible
to tx a maximum rate and classify
frel-hts
Ho then took up IN order the points at
issue between the State and the railroad
companies.
SETTLED PRINCIPLES.
lie quoted number of opinions and
said that In view of the adiudcati0ns the
following principles must be regarded
as settled.
Ia railroad corporation is a 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 20 any per-
son within rs jurisdiction the equal pro-
lection.
"a State enactment or regulation
must under the State enactment estab-
fishing such rates for the transportation
OF persons or property by railroad as will
not admit of the carrier earning such
comp TensatiOn as under an the circum-
stances is just to II and to the public
would deprive such carrier Of its prop
erty without due process of law and deny
70 IL the equal protection of the laws and
would therefore be repugnant 10 the
tion of the United States.
''3-While rates for the transportation
OF persons and property within the limits
OF State are primary facts its deter
minatOn OF the question whether they
are so unreasOnably low as 10 deprive
the carrier of its property without such
compensation as the constitution secures
and therefore without due process OF law.
cannot be so conclusively determined by
the Legislature OF the state or by rcsO-
lutions adopted under It's authority that
the manner may not become the subject
OF judicial inquiry"
The last pr0DOsition. Justice Harlan
said. covered the case in point. lie then
proceeded TO make an exhaustive exami-
nation into the enforcement Of the rate
prescribed upon the business of the rail-
road lines showing the reduction 90
srount 20 2750 for the years 1891 1892 and
ls9S the result was 10 show that each NJ
the roads involved would for this period
have conducted their business at a loss
with only one or two exceptions and
those for orlv a short whole.
NOT a LAST RESORT
The idea that any Legislature. State or
Federal. can corclusvely determine for
the De0ple and for the courts that what
n eracts IN the form OF law or what it
tONNNIIhHn tIr N- JUS tI CO. ~ fNfrlrAtlL
with the Fundamental lnw. IS in 0pposi-
tion 10 the theory ot orr institutions.
70 had been coatendei that the state
OF Nebraska could legally REQUIRE local
freigff business to ho conducted even at
on actual loss if the company earned on
its interstate business enough 10 give ~
Just compensation in respect of its entire
line and all rs business interstate and
domestic.
TIE court did not accep, this view. Jus
tiCe Harl saving.
in our irfrWent it must he hcid that
the reae0nnfla flarrrs OPP uur'a s0ra h' ernes
- ~atoe r~oscfihad hv a STATE for the
transportation OF persons and proner-v
whirh f1ll vi'h ife iiri-s n1usf 20 fe-
terrnin without reference 10 the husI-
ness NJ an interstate character done hy
fra CO r-ior 0r % rhe n~ofifs derived f~0'1
thar husf~oes Tro Sfa+e conn0f ius'ifv
transportation considered alone upon the
ground that the carrier Is cam ns .arge
rro0.e on ife interstate huSi~eee over
which 50 far as rates ore concerned rhe
500 Rps ~ co-.roi N0- can rhe carrier
Justify frrea ~on~hlv hiah -a+oz IN 49,
ncstic tus'ness upon the ground that only
IN tfat wav ran g meet losses on rs
in'ererqfo hueirc@s ~
chief Justice Frrer md Justice Nc
Ko1ra did M participate in the hearing
o. IN the decision.