New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-08

an exhaustive examination into the effect OF the
enforcement OF the rates prescribed on the business
OF the different Nebraska lines showing the reduc-
ton to amount TO 23J0 per cent for the years 1891
1872 and 1904. The result to show that each
of the roads involved would for this period have
conducted its business loss with only
two exceptions. and those for only short while.
Discussing the question as to what are the con-
siderations to which weight must be given when
seek 10 ascertain the compensation which rail-
road company Is entitled 10 receive. and prohibit
ton upon the receiving OF which may be fairly
deemed deprivation by legislative decree of prop
erty without due process of law Justice Harlan
said:
Undoubtedly that question could be more easily
whose special skill observation and experience
qualify them 40 to handle great problems Of trans
10 those who're money has been used TO construct
and maintain highways for the conyenience and
benefit OF the people But despite the difficulties
that confessedy attend the proper solution OF such
questions the Court cannot shrink from the duty
10 determine whether IL be true, as alleged, that
the Nebraska statute invades or destroys rights
e q i Win connS f% OF ne
IN harmony With that law simply because the Leg
case for that would make the State legislature
the final Judge Of the validity OF It's enactment.
the laws made In pursuance thereof are the SUI
prene law OF the land anything In the Constitution
The idea that any Legislature State or Federal.
the that what 1t enacts in the form Of law.
with the fundamental law. is in opposition to the
theory Of our institutions. The duty re'ts upon al
courts. Federal and State when their jurisdiction
is properly invoked. 10 see 10 that no night guar,
anteed by the supreme law OF the land Is impaired
| or destroyed by legislation
1t had been contended on behalf OF the law that
the State OF Nebraska could legally require local
freight business TO be conducted even at an actual
loss. if the company earned on Its interstate pusl-
enough TO give 1t Jus. compensation In respect
to erfir an oil
domestic The Court did not accept this view, JUS
| tice Harlan saying:
We cannot concur in this view. In our judy
unreasonab eness OF rates prescribed by state Tor
The Of persons ana ProPery % rs@a
ence 10 the bust ness Of an interstate charSe1er
done by the carrier or to the PTos ro
ably low rates for domestic transpoTtaticn consid-
which, so far rates are concerned, the STATE mas
aSy high rates. can on domesie blsness upon
is interstate business So FAR as rates Of trans,
portation are concerned. domestic business shou
ness. nor the latter the losses domestic bust
ness It is only rates foT the OF s pe[
which the State can prescribe. and when II under
takes to prescribe rates MOI to be by tS
| to what is Just and reasonable as between me
carrier and the public in respect Of domestic ousi-
| ness.
| WHAT ARE REASONABLE RATES.
Referring to tho arguments on the two sides OF
! the case as TO what are reasonable charges. etc.
| the opinion laid down the following
| We hold that the basis Of all calculations as to
ration maintaining highway under legis atiye
sanction must be the fair value Of the prope,rty
And In order 10 ascertain that value. the original
cost of construction, the amount expended ii I'M
| provements. the amount and market value Of us
| bonds and stock the present as compared with the
| original OF construction. the probable earning
| CaUacity
by statute and the sum required to meet operating
| expenses. are all matters for Consideration and to
be given such weight as may be Just and right IN
the particular case What the COMPANY is entitled lied
witch IT employs for the pubic convenience.
demand e is e' ha no be @ from for the
| use of a public highway than the services rem
basis We perceive no ground on the record for re-
versng the decree Of the Circuit Court On the
me ibS 1afes estabshed by the act of 1893
| actual loss in each Of the years ending June 80
| 1891 1892 and 1893 and substantially no compensa-
the exceptional cases above stated the receipts or
gains above operating expenses OF some Of the
general conclusion that the act. If enforced would
| have deprived each Of the railroad companies in
sGed to IN hem by S the
| operating expenses Of any of them were greater
| than necessary.
| In conclusion Justice Harlan said that II business
| improved the State could apply to the courts. his
| language being follows:
| But IT may be added that the conditions OF bust
| ness far railroad corporations con-
cerned. have probably charged for the better. and
that the rates prescribed by the statute Of 1888 may
| now afford all the compensation TO which the rail-
| road companies In Nebraska are entitled be-
| tween them and the public. In anticipation, per-
haps. Of such change Of circumstances the Cir
, cult Court wisely provided In its final decree that
the defendants. members Of the Board Of Transp0r.
| tatOn, might when the circumstances have
| changed that the fixed In said act of 1893
| shall yield to the said companies reasonable COM
pensation for the services aforesaid. apply to the
! Cour, by bill or otherwise. they might be ad-
| visei for a further order In that behalf OF this
| provision Of the final decree the State Board of
Transportation II advised. avail themselves.
| In that event. II the Circuit Court finds that the
| present condition Of business Is such S admit
| of the application Of the statute to the railroad
| companies in question. without depriving them of
| Just compensation ii will he its duty discharge
| the injunction heretofore granted, and 10 make
whatever order Is necessary 10 remove obstruc-
| ton placed by .he DEGREES in these cases in the
| way Of the enforcement of the statute.
| Chief Justice Fuller and Justice McKeana did not
| take part in the hearing In the decision.
APPROXIMATION COMMITTEE WINS.