The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-08
legislative decree Of property withou. due
process OF law, Justice Harlan said:

legislative decree Of property withou; due
process of law, Justice Harlan said:
Despite the difficulties that confessedly
attend the proper solution OF such ques-
tions. the court cannot shrink from the
duty TO determine whether il be true. as
alleged. that the Nebraska statute invades
or destroys rights secured BY the supreme
law OF the land
No one. we take Ii. win contend that
state enactment Is IN harmony with tha,
law, simply because the legislature of the
state has declared that TO be the case, for
that would make the state legislature the
final judge OF the validity OF its enact
ment, although the constitution of the
United States and the laws made in pur-
suance thereof are the supreme law OF the
land, anything in the constitution OF the
laws OF any state to the contrary notwith-
standing.
The Idea that any legislature state or
Federal, can conclusiveIy determine for
the people and for the courts that what il
enacts in the form Of law or what IL
authorizes It's agents TO do, is consistent
with the fundamental law, Is in opposition
TO the theory OF our institutions. The duty
rests upon all courts. Federal and state,
when their jurisdiction is properly IN
voked. TO see to IL that no right secured by
the supreme law of the land is impaired
or destroyed by legislation"
1t has been contended on behalf OF the
law that the state OF Nebraska could le-
gally require local freight business to be
conducted even at an actual loss, If the
company earned on its interstate business
enough to giva 1t Just compensation in
respect of its entire line and all its bust.
ness. interstate and domestic. The court
did not accept this view. Justice Harlan
said:
We cannot concur in this view. In our
judgment ii must be held that the reason
abieness OF rates prescribed by state for
the transportation of persons and property
wholly within its limits must be deter
mined without reference to the business
or interstate character done by the car
rier, or to the profits derived from that
business. The state cannot justify ur-
reasonably low rates for domestic trans
portation. considered alone on the ground
that the carrier is earning large profits on
its interstate business, over which, so far
as rates are concerned, the state has no
control Nor can the carrier justify un-
reasonably high rates on domestic busi-
ness upon the ground that only in that way
can 1t meet losses on its interstate busi-
ness. So far as rates OF transportation
are concerned, domestic business should
not be made to bear the losses on inter-
state business, nor the latter the losses on
domestic business"
In conclusion. Justice Harlan said that
IL business improved the state could apply
to the courts. his language being as fol-
lows:
But It may he added that the conditions
.of h,,Sf 20
are concerned have probably changed for
the better. and the rates prescribed by the
statute of 1893 may now afford all the COM
pensation 10 which the railroad companies
in Nebraska are entitled. as between them
and the jublic. In anticipation, perhaps,
OF such a change OF circumstances. the cir
cult court provides in its final decree that
the defendants, members OF the board Of
transportation. might when the circum-
stances have changed SO that the rates
fixed in the said act OF 1898 shall include
to the said companies reasonable compen-
sations for the service aforesaid. apply to
the court by bin or otherwise, as they
might advise. for a further order in that
behalf. OF this provision Of the final de-
cree, the state board Of transportation. If
so advised. can avail themselves In that
event If the circuit court finds that the
present condition OF business is such as TO
admit of the application of the statute 10
the railroad companies in question. with
out depriving them of just compensation.
II will be its duty to discharge the iniunc-
ton heretofore granted. and to make what
ever order Is necessary to remove any OBJ
struction placed by the DEGREES in these
cases in the way OF the enforcement Of
the statute"
Chief Justice Fuller and Justice Nc
Kenna did not participate in the bearing of
the decision.