The Caucasian. (Clinton, N.C.) 188?-1913, 1898-08-11

sought TO have the court declare the
legislative action of the State un
constitutional, and where the de-
cision of the facts involved requires
the exercises of knowledge with
which courts Of justice are presumed
to have but little acquaintance.
| Commission May Establish Rates.
1t is now settled law that q
State by legislative enact
ment may directly itself, orI
through board of commits
sioners, establish rates and fares for
the carriage of freight and passen
gers between points within its limits.
This being an exercise of lawful
| legislative authority on the part of
/ the State, all acts in pursuance
thereof, either by the State directly.
or by IFS commissioners, must be
presumed, until the contrary clearly
appears, to be within the legislative
authority and valid.
1t necessarily follows, also, that
when Board of Railroad Commits
sioners, authorized by a law Of the
State to fix rates and fares for the
carriage of freight and passengers
within its limits, fixes those rates,
that those rates and fares are pripa
facie reasonable and just. And it is
also provided by the act Of the legis-
lature, under which the defendants
are claiming to act, that the rates
and fares established by them, or any
schedule of such rates and fares,
shall he prima facie evidence that
the rates are reasonable and just in
any controversy where they shall
come in question.
| 1t thus appears that the burden of
proof is upon the complainant to es-
tablish beyond a reasonable doubt
that the rates and fares which the
defendants are seeking to put in
force will, if lawfully made and pro
mulgated, result in the taking of
complainant's property without due
process Of law, and will deprive the
complainant of the equal protection
of the law. In other words, the COM
plainant must show to the court that
the acts of the defendant commits
sloners are unconstitutional as being
in conflict with the Constitution of
the United States.
Is the Law Unconstitutional"
| While it is true that the legislature
of State may, under its power to
regulate rates and fares for the car
riage of freight and passengers with
in its limits, deprive the complain
ant, or any other person or corpora
ton, of its properly without due
process of law, or deprive it or any
other person of the equal protection
of the laws, it is ais, equally true
that this court has no power or au-
, thority, given by statute or common
= law. to fix rates and fares for the
: carriage of freight and passengers
upon the compliments linesa OF to
revise in any manner rates estab-
lished by the defendants as Railroad
Commissioner. The court only has
: the power and Jurisdiction to declare
acts Of the legislature or of the Board
of Railroad Commissioners performed
in pursuance thereof, Unconstitu.
tional if clearly in conflict with the
Constitution of the United States
No court will declare an act OF q
II legislature unconstitutional without
y it is shown to be so beyond a rea,
sonable doubt.
(, This, then, gives the status of the
u complainant in this action before
this court. This court must he sAtis
fed. beyond reasonable doubt, tina
}, the schedule or rates proposed to b
promulgated and put in force by th'
T. Railroad Com missioAers, the defend
ants in this action, will, if so put i,
force, deprive the complainant OF it
~ property without the process of Law
= or deprive it of the equal protection
= Of the law.
- We now come to consider the evi
70 dence which has been reported j
N this action whieh-it is asked that thi
e,s court issue a permanent inlunctio,
IN against the defendants as Railroa
10 Commissioners enioining them frot
10 complained Of.
90 The first contention of the CON
ae plalnan is that the record sh4w
n, that during the nscal years endin
IA June 30, 1894, 1895, 1896 and 1897
a. the complainant, under the rates an
az fares which are pew in force upo
~: its system Tor the carriage Of freigf
and passengers, was not able to ear
e. suffi ficient money to pay its operatin
20 expenses in the State of South D.
ne kota, its taxes in the State of Sout
Or, Dakota, and the interest due upo
lily the bonded debt upon that portion
,at ,its lines located within The State
South Dakota, and that there wss
to deficiency between the earnings
aw tho State OF south Dakota, from q
he sources, during the said years, al
tes the operating expenses, taxes al
de- interest of said years of So, ,729, ,858.s
In being 1907 ,OSO 52 for the Ascal Ye
.ge ending June 50. 1894; $841, 800.
the for the year ending June 80, 189
be $773, ,343.4 for the year ending Ju
80, 1896, and SCOT ,43a 90 for the
cal year ending June 30, 1897.
Violation Of Common Sense.
'ne ,ne If it is the law that the power
- the State to regulate fares and raj
,ro. for the carriage Of passenger q
,, sor freight Yithin its jurisdiction, Dc
SUI s" not rise or become operative un
'io some railroad corporation has p'
=. all the debts it may have seen 1T
afa ~ . contract, or paid all the expen
~ which it is pleased to charge to
s'es : es account of operating expenses. tt
y. the power in the State to regul
~ nvs rates and fares is worthless and
um- osI;t"a4 ~ bas.o. fnor, 81 M,
olic, 49, eos tSa as sasu;aas erondarad This ,
-. nS ~ not be the law. l{o court has
.;m, .;eI, held it to be the lew and it is not
= s'In Io lieved any court will ever be for
~ 70 which will hold it to be the Il
~ Suah q proposition violates the RI
'n0 of common sense and is maintail
with q seeming forgetfulAess t
po1 tha nover of the State to repu]