The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-08

of the power specifically reserved by the
eighteenth section of the act Of 1862, or Its
power under the general reservation made
of authority to add to, alter, amend or
repeal that act prescribes rates to be
charged by the railway company, 1t remains
with the states through which the road
passes to fix rates for transportation be-
ginning and ending within their respective
limits.
Justice Harlan then took up the con-
stitutional question involved, saying:
By the fourteenth amendment 1t is pro-
vided that no state shall deprive any per-
son of property without due process of law,
nor deny to ny persons within Its juris-
diction the equal protection of the laws.
That corpC . tions are persons within the
meaning of this amendment is now settled
What amounts to deprivation of property
without due process of law, denial Of
the equal protection of the laws, is often
difficult to determine, especially where the
question relates to the property of a quasi
public corporation, and the extent to which
1t may be subjected to public control.
But this court, speaking through Chief
Justice Waite. has said that while a state
has power to fix the charges by railroad
companies for the transportation of per-
sons and of property within its own juris-
dicuon, unless restrained by valid contract
or unless what is done amounts to a reg
ulation of foreign interstate commerce,
sucn power is not without limit; and that
under pretense OF Regulating fares and
freights the state cannot require railroad
corporation to carry persons property
without reward neither can 1t do that which
IN law amounts to the taking of private
property for public use without just COM
pensation or without due process of law
Settled Principles.
Justice Harlan said that the follow
ing principles must be regarded as set
tied:
First-A railroad corporation is a person
within the meaning of the fourteenth
amendment. declaring that no state shall
deprive any person of property without due
within its Jurisdiction the equal protec-
tion of the laws.
Secohd-A state enactment or regulation
made under the authority of a state enact
ment establishing such rates for the trans
portation of persons property by rail-
roads as will not admit of the carrier earn
ing such compensation as under all the cir
cumstances is just to it. and to the pub
lic would deprive such carrier of its prop
erty without due process of law, and deny
to it the equal protection of the laws, and
would therefore be repugnant to the four
teenth amendment of the constitution Of the
United States.
Third-While rates for the transportation
of persons and property within the limits of
a state primarily for its determination,
the question whether they are SO unreason-
ably low as to deprive the carrier of its
property without such compensation as the
constitution secures, and therefore without
due process of law cannot be so conclu-
sively determined by the legislature OF the
state or Dy regulations adopted uuuer ltS
authority that the matter may not become
the subject of judicial inquiry.
Discussing the question as to what
are the considerations to which weight
must be given when we seek to ascer-
tain the compensation which a rail-
road company is entitled to receive
and q prohibition upon the receiving of
which may be fairly deemed a depriva-
ton by legislative decree of property
without due process Of law, Justice
Harlan said:
Commission Suggested.
Undoubtedly that question could be more
easily determined by a commission COM
posed of persons whose special skill, obser-
vation and experience qualities them to so
handle great problems of transportation
to do justice to the public as well as, to those
whose money has been used to construct
and maintain highways for the convenience
and benefit of the people. But despite the
difficulties that confessedly attend the proper
solution of such questions the court cannot
shrink from the duty to determine whether
it be true, as alleged. that the Nebraska
statute invades destroys rights secured
by the supreme law of the land.
No one, We take 1t, will contend that
Continued on Third Page.