Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-03-07
THE RAILROADS TRIUMPH.


Washington, March 7.-Justice Har-
Ian today delivered the opinion in the
Nebraska maximum freight case, He
held the Nebraska law to be contrary
to the 18th amendment to the Consti-
tuition in that IL authorized the taking
of property without due process of law,
and was therefore invalid. Hence the
railroad won Justice Harlans opin-
ion affirmed the opinion in the circuit
court appeals of the eighth circuit.
which was against maximum freight
rate laws. and favorable to the rail-
roads.
The case was instituted 10 test the
validity of a law passed by the Ne
braska legislature in 1893, prescribing
the maximum rates for the transporta-
tlon of freights by railroads within the
state. The act applies specifically to
freights by railroads whose transit be-
gins and ends In the state, and there
was no effort in Its enactment to con-
troll interstate freight.
1t affected all the railroads in the
state. and the railroad companies in
stituted proceedings, which were ter
minated by todays opinion. by filing a
llll IN Int 4stbIdEhd tlltulb tbuIt SpDll
after the law was enacted. The object
of the bill was to secure an order re-
strainlng the state officials from put
ting the law into force. The law was
attacked on the ground of its uncOn-
stitutionality. 1t was charged that in
asmuch as the act applied only to state
freights 1t was discrimination against
them and therefore antagonistic to the
spirit of the fourteenth amendment to
the constitution. The railroads con-
tend that the maximum rate fixed was
unreasonable and ruinous to the roads.
1t was also asserted that the act in
terfered with interstate commerce. The
state met those allegations with argu-
ments in support of the validity of the
law.
The decision from the circuit court
was delivered by Justice Brewer Of the
Supreme court, who sustained the con-
tention of the railroad companies and
held against the validity of the law.
His opinion was based largely upon the
charge of unreasonableness. He made
Il computation showing that the re-
duction effected In freight rates
amounted on an average to 29ia per
cent. which he held was too great a
change.
The case has been twice argued in the
Supreme court, Hon. w. j. Bryan APP
peai'ng as one Of the counsel for the
state at the last hearing,
Much interest has been manifested
in decision since the case was doclSeted,
because of the probable influence a
result favorably to the law would have
upon the legislation in other states.
Justice Harlan said that the follow
ing principles must be regarded as
settled:
First--A corporation is n person
within the meaning of the l4th amend
ment, declaring that no state shall
IL M Ia
due process of law, nor deny to any
person within its Jurisdiction equal
protection of the laws.
Second-A state enactment. or regu-
'atipn made under the authority of
state enactment, establishing such
rates for transportation for persons
or property by railroads as VIII not
admit of the carrier earning such
stances is Just to 1t and to the public,
would deprive such carrier of its prop
trty without due process Of law and
deny to It the equal protection of the
laws and would therefore be repugnnnt
&c the 14th amendment Of the Consti-
tuition of the United States.
3. While rates for the transportation
Of persons and property within the
limits OF state are primarily for It's
determination. the question whether
they are so unrensonably low as to de-
Drive the carrier VI lNH property wins
out such compensation as the Consi-
tuition secures and therefore without
due process of law, cannot be SO de-
termined by the Legislature Of the state
or by regulations adopted under it's
legislature that the matter may not
become the subject of judicial inquiry.
This last proposition, Justice Harlan
said, covered the case In point. He
then proceeded to make an exhaustive
examination into the effect of the en-
forcement of the rates prescribed updf,
tho business OF the different Nebraska
lines. showing the reduction to amount
to 29.5 per cent for the years 1891, 1892,
and 1898. The result was to show that
each of the roads involved would for
this period have conducted their busi-
ness Mt a loss with only one or two
exceptions, and those for only short
time.
George CraIle, n notorious and clever
mansion syyindleT has been taken to To-